FAQs on church heritage conservation in the Philippines

The Heritage Conservation Society hosted a second lecture on church heritage conservation at the Museo ng Maynila today. Speaker was Fr. Milan Ted D. Torralba, canon lawyer and heritage advocate.

There have been several pontifical statements on the importance of church heritage conservation. Pope John Paul II, in his motu proprio Apostolic Letter Inde a Pontificatus Nostri (25 March 1993) says, “Indeed, by its very nature, faith tends to express itself in artistic forms and historical testimony having an intrinsic evangelizing power and cultural value, to which the Church is called to pay the greatest attention.”

Fr. Ted points out that among the underlying causes for the depreciation of Philippine ecclesiastical cultural heritage are (1) misinterpretation of Vatican II or misreading of the objective intent of the Council Fathers that led to confusion, neglect, miseducation; (2) McDonaldification or Disneyfication of the Filipino; and (3) the mystification of tourism as end-all and be-all ("The falsification of authenticity in favour of tourism is a very serious issue." - Richard Engelhardt, 31 March 2008)

In his lecture, Fr. Ted quotes Czech historian Milan Hübl, “The first step in liquidating a people is to erase its memory. Destroy its books, its culture, its history. Then have somebody write new books, manufacture new culture, invent a new history. Before long, the nation will begin to forget what it is and what it was. The world around it will forget even faster.”

Fr. Ted mentions that a Filipino Jesuit priest once asked, “Why preserve or restore Philippine colonial churches when these are symbols of oppression, inequality, and injustice?” So here are some FAQs of church heritage conservation on the side of the Roman Catholic Church which I lifted from his presentation (with his permission of course) and my comments in parenthesis:

What is the cultural heritage of the Church?
The cultural heritage of the Church is that essential part of her religious patrimony or legacy handed down from its very source and summit, Jesus Christ, to which such heritage is directed.

Its pastoral function is to serve the Church of Christ as effective means of catechizing and evangelizing, as affective instruments of fomenting the sense of the Last Things. In a sense and to a certain degree, it is (quasi-)sacramental and ecclesial.

Who are accountable for Philippine ecclesiastical cultural heritage?
1. The Roman Pontiff, by virtue of his primacy of governance, is the supreme administrator and steward of all ecclesiastical goods (Can. 1273)
2. Pontifical Commission for the Cultural Heritage of the Church
Art. 99 – The Commission has the duty of acting as curator for the artistic and historical patrimony of the whole Church.
Art. 102 – The Commission lends its assistance to particular Churches and Bishops’ Conferences and together with them, where the case arises, sees to the setting up of museums, archives, and libraries, and ensures that the entire patrimony of art and history in the whole territory is properly collected and safeguarded and made available to all who have an interest in it.
Art. 103 – In consultation with the Congregation for Seminaries and Educational Institutions and the Congregation for Divine Worship and Discipline of the Sacraments, the Commission has the task of striving to make the People of God more and more aware of the need and importance of conserving the artistic and historical patrimony of the Church (Apost. Const. Pastor Bonus, 20 XI 1992)
3. Catholic Bishops’ Conference of the Philippines (CBCP) is the permanent organizational assembly of the bishops in the Philippines exercising together certain pastoral offices for the Christian faithful of their territory through apostolic plans, programs and projects suited to the circumstances of time and place in accordance with law for the promotion of the greater good offered by the Church to all people (cf. Can. 447; Vatican II, Christus Dominus, No. 38, 1; John Paul II, Apostolos Suos, No. 14).

What is the role of the CBCP Permanent Committee for the Cultural Heritage of the Church?
The Permanent Committee for the Cultural Heritage of the Church, according to Sec. 10 of the By-Laws in the CBCP Statutes (21 October 2000), shall:
1. Promote the cultural heritage of the Church as an invaluable aid to evangelization and catechesis
2. Foment research on and understanding of the ecclesiastical cultural heritage
3. Serve as a consultative body on the scientific conservation of cultural ecclesiastical goods
4. Initiate and sustain collaboration between the Committee and similar government and/or civic agencies involved in the care, conservation and appreciation of the cultural heritage of the Church
5. Act as official liaison with the Pontifical Commission for the Cultural Heritage of the Church in the Apostolic See
6. Undertake projects in different dioceses or prelatures upon invitation or authorization of, and collaboration with, the ordinaries (bishops) concerned.

Can the CBCP reprimand, or even call the attention of, bishops and/or priests who are perceived to have neglected the care of the ecclesiastical cultural heritage? Can the CBCP order the immediate stoppage or termination of renovations of ecclesiastical heritage structures presently on-going in the dioceses and parishes in the Philippines?
No (Please see the related question below on the process of filing legitimate complaints with the Roman Catholic Church. Note that you can also file cases in the proper courts based on the laws of the Republic of the Philippines since all colonial churches are at the minimum, declared by the National Historical Institute as Classified Historic Structures under NHI Resolution No. 3, 22 October 1991. That's if the priest and the bishop don't scare the judge into believing that Saint Peter won't let them in Heaven if they decide against the Church. Article 428 of the New Civil Code provides that "the right of an owner over his property is not absolute but is subject to certain limitations established by law")

Can the CBCP create a comprehensive list of all heritage churches in the Philippines in aid of information?
A qualified yes (I hope the CBCP starts this list)

Can the CBCP Plenary Assembly empower its Permanent Committee for the Cultural Heritage of the Church by giving it the sole authority to approve any restoration, construction or further improvements of heritage churches, and by granting it the mandate to order the stoppage of any restoration, construction or further improvement that it deems damaging to a heritage church?
No

Who then has the final say on the proper care of the cultural heritage of the particular churches in the Philippines?
The diocesan bishop who will base his episcopal decisions on Canon Law governing the proper care and wise use of the ecclesiastical cultural goods of his particular church, and on concrete pastoral exigencies circumscribed by time and place.

And so, if there are legitimate complaints against the judgment or decision of a priest or the diocesan bishop as regards the care of the ecclesiastical cultural heritage in his own particular church, to whom can the said complaints be lodged?
1. Against the decision or action of a parish priest, first to the parish priest. Otherwise, appeal and recourse be lodged with the diocesan bishop (When you write a letter to the bishop, make sure you are able to say everything in one page. More than one page will not be effective)
2. Appeal against the judgment or decision of the diocesan bishop should be lodged with the authority placing such judgment or decision, which is the diocesan bishop himself.
3. Hierarchical recourse against the decision or action of the diocesan bishop can be brought before the metropolitan (or archbishop) of the ecclesiastical province, or directly to the Holy See (You can copy furnish your complaints to H.E. Msgr. Gianfranco Ravasi, president of the Pontifical Commission for the Cultural Heritage of the Church, Via della Conciliazione 5-7, Rome, Italy 00193, fax no. +39 0669884621, or e-mail address pcbcc@pcchc.va)

What now then is the role of the CBCP in protecting and curating the ecclesiastical cultural heritage of the local Church in the Philippines?
1. The CBCP can gently remind the bishops of the universal canonical legislation on the care of the ecclesiastical cultural heritage as a pastoral service assisting them in this emergent apostolic action of the Church that does hold a primary priority.
2. The CBCP, through its Permanent Committee, assists the diocesan bishops in their task of superintending the ecclesiastical cultural heritage in their respective sees by promoting the work of their diocesan commissions for church heritage thereby helping these to assume their proper obligations on heritage care and utilization.
3. The CBCP promotes awareness, sensitivity, appreciation, and valorisation of the ecclesiastical cultural heritage by precisely advancing and supporting the non-formal formation activities of its Permanent Committee expressed through the conduct of the biennial national conventions, regional fora, symposia, and such like settings, and the publication of its journal on cultural heritage studies, the Pintacasi.
4. The CBCP can formulate complementary norms (local canonical legislation), manuals, policies, or guidelines to govern the proper care of the cultural heritage of the particular church in the Philippines. The initiative began with the International Agreement between the Holy See and the Republic of the Philippines on the Cultural Heritage of the Catholic Church in the Philippines signed on 17 April 2007 and which entered into full force on 29 May 2008, following the exchange of the instruments of ratification.

What is the philosophy behind of Ecclesiastical Cultural Heritage Management?
We conserve heritage – ensuring its security from theft, survival from disaster, and safety from mishandling – for the primordial purpose of maintaining and perpetuating its faith (religious/theological) significance by which such heritage is valued.

The connecting line that links the artistic-cultural processes of Christian inspiration and Faith itself is the reference to Jesus Christ. He is culmen et fons (culmination and source) of all heritage of the Church.

Pampanga: C' Italian Dining serves breakfast for the first time!

C' Italian Dining usually opens in time for lunch. But for our Ultimate Philippines tour, we requested Chef Chris Locher to serve breakfast for us. Chef Chris mentioned this was the first time he was serving breakfast. And he sure did not fail to impress.

One the menu was (1) assorted home made freshly baked breads, banana and chocolate muffin, assorted imported jams, honey, muesli and juices, coffee, tea, fresh milk and chocolate milk, fresh fruit platter, (2) fritata with three kinds of cheese, (3) slowly wood fire baked fresh giant white mushrooms, baby white onions and sun ripe tomatoes, (4) home made Italian sausages, honey baked ham and herb smoked pork loin roasted in olive oil, (5) smoked salmon and (6) butcher steak (U.S. Angus beef) char-grilled with fresh rosemary served with Florentine style white bean stew. Everything was as expected, unbelievably good!

Related entries
C' Italian Dining is simply superb!
C' Italian Dining, another sumptuous dinner!

Pangasinan: Patar Beach in Bolinao, Pangasinan

Patar Beach in Bolinao, Pangasinan is another Pangasinan beach worth visiting. It's actually one of the more popular beaches in Pangasinan, with a good number of resorts in the area. And their numbers are growing. It's very picturesque with strong blue waves lashing at the cream sand along the shore. We left Anda early in the afternoon to proceed to Bolinao, look for a resort to stay for the night, and enjoy our second beach for the day!

In the center of Bolinao town is the centuries-old Bolinao Church (the parish is celebrating its 400th year this year). In front of the church is a marker pushing forward the claim that the first Mass on Philippine soil was celebrated in Bolinao Bay in 1324 by Blessed Odorico, a Franciscan missionary on his way to China, who took refuge in Bolinao Bay during a storm.

The last time I was in Bolinao, I visited the U.P. Marine Science Institute and stayed in a hotel in town. This time, I made sure we stayed at Patar Beach. The beach is actually several more kilometers from the town proper. And along the way is a long row of resorts that offer accommodation ranging from nipa huts to pricey hotel rooms and beach villas.

On the way to Patar Beach is another iconic attraction of Bolinao, the Cape Bolinao Lighthouse. The lighthouse, constructed in 1905, is one of five major lighthouses of the country and the second tallest after Cape Bojeador Lighthouse in Burgos, Ilocos Norte.

Patar Beach is actually at the end of the road. Resorts usually charge you PHP30 for parking and you can enjoy this really great beach. There are also huts for rent for the day. Just a warning though, while the cream sand on the beach feels really great, once you get into the water, it becomes rocky and it's difficult to walk on.

If you want to stay right beside Patar Beach, there's only one decent resort there, Treasures of Bolinao, where we chose to stay for the night. And they capitalize on the fact that they don't have competition with really high rates. They have a nice elevated walkway where you can see Patar Beach from end to end or view the picture-perfect Bolinao sunset.

The rest of the resorts in Patar Beach only have basic accommodation such as nipa huts. But if you're willing to drive back to Brgy. Ilog Malino, there are more choices such as Puerto del Sol, another high-end resort.

Part 1: Tondol Beach in Anda, Pangasinan

How to get to Bolinao, Pangasinan
Victory Liner and Five Star have several bus trips from Manila to Bolinao daily. Trips begin at about 7 a.m. and leave at intervals of 2 to 3 hours.

One more case for heritage jurisprudence!

Remember the sports complex being constructed in 2007 by former PTA GM Robert Dean Barbers right beside the walls of Intramuros? It turns out, heritage won the case last year. And I only found out about it after Bambi Harper casually mentioned this to me at a U.S. Embassy event last Holy Week. So I asked her for a copy of the decision.

The case was filed in Regional Trial Court Branch 52, Manila (Civil Case No. 07-117444). The decision is seven pages long, legal-sized paper. So it will take quite a while to retype it. But here are some interesting excerpts which I believe will become basis for future cases on heritage issues:

REPUBLIC OF THE PHILIPPINES (through Intramuros Admnisitration Board of Administrators represented by its Chairman, Secretary Joseph M. Durano), Petitioner
vs.
PHILIPPINE TOURISM AUTHORITY GENERAL MANAGER ROBERT DEAN S. BARBERS and 1A BASQUE CONSTRUCTION CORPORATION, Respondents

X----------------X

DECISION

Petitioner through the Office of the Solicitor General assails via this Petition for Prohibition with prayer for Temporary Restraining Order (TRO) and a Writ of Preliminary Injunction the construction of the sports complex undertaken by the public respondent, Hon. Robert Dean S. Barbers, General Manager, Philippine Tourism Authority through the contractor, private respondent Basque (should be Bosque) Construction Corporation.

Petitioner claims that the project was undertaken by the respondents without the required permit and locational clearance from petitioner in violation of Section 3, Rule VIII of the IRR (Implementing Rules and Regulations) of Presidential Decree No. 1616 and that it also violates the pertinent conditions embodied in the Memorandum of Agreement entered into by them sometime in 1981.

* * *

Moreover, although admittedly, the project site is on a parcel of land owned by the public respondent, Article 428 of the New Civil Code provides that "the right of an owner over his property is not absolute but is subject to certain limitations established by law". Under the Memorandum of Agreement entered into by petitioner and PTA, the properties ceded to PTA under PD 1763 shall be utilized and developed strictly in accordance with the charter of petitioner, its development plan, its rules and regulations and such other policies as the Board of the herein petitioner may formulate. On the last page of the said Memorandum of Agreement, the signature of the then President Marcos appears immediately below the entry which reads "upon authority of the President". It clearly appears then that the execution of the Memorandum of Agreement was in accordance with the mandate of PD 1763.

It follows that the project did not comply with PD 1616 requiring a permit and developmental clearances from petitioner. It also violated the Memorandum of Agreement between petitioner and the public respondent which has the force of law between them. It will be noted that petitioner here is the Republic of the Philippines suing through IA Board of Administrators represented by its Chairman Secretary Durano. Under PD 1616, the Intramuros Administration is mandated to restore and develop Intramuros as a monument to the Hispanic period of Philippine history. Indeed, Intramuros has been priceless heritage for the City of Manila and a major historical landmark of the country. It is our nation's link to the past. Clearly, the construction injures the rights of Intramuros Administration and the nation as well. The court shares the view of petitioner that it is every Filipino's right to have a part of the national heritage like the Intramuros wall protected, preserved, restored and enhanced. Also, for those reasons, the court finds the arguments of the respondents untenable.

* * *

WHEREFORE, let a Writ of Prohibition issue directing respondents to cease and desist from continuing construction of the sports complex. The Writ of Preliminary Injunction earlier issued is hereby declared permanent and respondents are also ordered to demolish the illegal construction at their expense.

With costs against the respondents.

SO ORDERED.

Manila, Philippines, April 7, 2008

(signed)
ANTONIO M. ROSALES
Presiding Judge

Related entry
Protect the walls of Intramuros!

Related articles
Stationary bandits in Intramuros (Gemma Cruz-Araneta, Manila Bulletin)
The arrogance of dimwits (Bambi Harper, Malaya)
Ugly side of Tourism Authority revealed (Manila Times)
Former PTA heads want Gen. Mgr. Barbers charged (Manila Times)
What is behind Barbers’ insistence on this project? (Manila Times)

Pangasinan: Tondol Beach in Anda, Pangasinan

Tondol Beach is definitely the best beach in Pangasinan and perfect when the tide is low. The last time I visited the beach, the tide was a bit high. So it wasn't a really great view. So I made sure to come back again when the tide was lower.

It's a five to six hour drive from Manila to Anda, Pangasinan. You'll go through Camiling and pass by Lingayen and through Alaminos (stopover at the Hundred Islands anyone?). It's on the way to Bolinao, right after the town of Bani.

The bad part about today was that low tide was at 1 a.m. And we were scheduled to arrive in Tondol at 10:30 a.m. Make sure you check what time low tide is. We decided to take the risk and we were not disappointed. The sun was perfect (the best time to visit is in the morning to early afternoon). By the time we arrived, the sand was already underwater. But thanks to the clear blue sky, Tondol did not fail to impress.

What I like about Tondol is the powder ivory white sand. In fact, there is an island one kilometer from the shore which you could walk or wade to. And it's powder white sand all the way. When the tide is low, you can pick a spot in the middle of the water and just sit down there the whole day. So if there is any beach that can claim to be the Boracay of the North, it's Tondol! But why even claim such a thing? Why are we always content with being a copy of the original when each beach is unique.

Tondol is actually a public beach and entrance fee is only PHP5. You can rent large huts for PHP200. For now, there aren't any good resorts to stay in so the best option when visiting Tondol is to stay overnight in neighboring Bolinao which is about 45 minutes away.

Travel advisory
As of this writing, the bridge in Bani is under construction and they let cars pass through a detour which is really long and rough. So if you're bringing a car, one option is to pass by Mabini. That's a longer detour but roads are paved all the way. The other option is a short-cut detour near the bridge for light vehicles that was built by some enterprising locals. They charge a PHP20 toll fee for you to pass through a dirt road built through private properties. It saves you a lot of time.