ORDINANCE NO.
AN ORDINANCE SUPPORTING THE FILM INDUSTRY AND CREATIVE SECTOR IN THE
MUNICIPALITY OF INDANG, PROVINCE OF CAVITE
ARTICLE 1
TITLE
Section 1. TITLE – This is Code shall be known as the “Municipality of Indang Creative
Industry Development Ordinance’.
ARTICLE II
POLICY AND PURPOSE
Section 2. Policy- This ordinance enacted pursuant to the provisions and in support of
Article XIV, Section 17 of the Philippine Constitution which clearly states the state policy of
giving priority to education, science and technology, arts, culture and sports to foster
patriotism and nationalism, accelerate social progress, and total liberation and development
and Republic Act No. 11904 or the Philippine creative industries by protecting and
strengthening the rights and capacities of creative firms, artists, artisans, creators, workers,
indigenous cultural communities, content providers, and stakeholders in the creative
industries.
Section 3. Purposes- The Purpose of this ordinance are:
a.) To promote and encourage sustained and broad-based support for the
development of the creatives industry and economy;
b.) To come up with different support mechanisms for local artists to further develop
their craft;
c) To ensure that the works of art and cultural achievements of Victoriasanon
Creatives are properly documented, carefully preserved, and widely available for the
public to view, be inspired, and learn valuable lessons from;
d.) To create/ establish a local culture and arts council [LCAC] as mandated in RA
11904;
e.) To designate the Local Economic Development and Investment Promotions
Office [LEDIPO] as the secretariat of the LCAC, which will also be headed by the
LEDIP Officer as LCAC Secretary;
f.) To establish a Creatives Desk and appoint/ designate an administrative assistant
as desk under the LEDIP Office structure to assist the LEDIP Officer in implementing
the policies and mandates from the LCAC.
ARTICLE III
DEFINITION OF TERMS
Section 4. Creatives Industries. As used in this ordinance, creative industries are trades
involving persons, whether natural or juridical, that produce cultural, artistic, and innovative
goods and services originating in human creativity, skill, and talent and having the potential
to create wealth and livelihood through the generation and utilization of intellectual property.
Creative industries include those directly or indirectly involved in the creation, production
and manufacturing, performance, broadcasting, communication, and exhibition, or
distribution and sale of works and other subject matter, in accordance with existing laws,
rules, and regulations on intellectual property rights proportion.
Creative industries include the following domains, with a non-exhaustive list of industries
belonging under each:
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(a) Audiovisual Media Domain refers to recorded and live audio and
audiovisual content that is distributed via broadcast media such as television, radio,
cable, satellite broadcasts, digital streaming, platforms or exhibited in cinema theaters,
including films, television content, animated film productions, vlogs, and other content
that utilize motion graphics, two-dimensional, and three-dimensional design
technology and animatronics, recorded music, music scores, compositions ready for
recording, podcasts, and entertaining audio or audiovisual material or content
developed for educational purposes or edutainment content;
(b) Digital Interactive Media Domain refers to digital software programs,
mobile applications and games created for and operated on inter-active digital devices
where user input is essential to the experience, including software and mobile apps,
video games, computer games, mobile games, virtual augmented or mixed reality
games, and digitalized creative content;
(c) Creative Services Domain refers to demand-driven commercial creative
service work done on behalf of commissioning clients for complete creative output or
partial outsourcing work, including advertising and marketing, creative research and
development, cultural and recreational services, and live creative experiences, which
refer to predesigned, real-time artistic performances and experiences aimed at specific
audiences, with management and technical services provided to enhance the delivery
of the performance and experience;
(d) Design Domain refers to the process of envisioning, planning, creation,
and manufacturing of symbols, images, and products, whether for industrial or
aesthetic purposes, spaces and systems, whether static or for interactive experiences,
at the heart of which is creating solutions that address a need or a problem in various
fields such as architecture, urban landscaping, interior and spatial planning, fashion
and accessory making, textile development, furniture making, jewelry making,
footwear making, and toy making;
(e) Publishing and Printed Media Domain refers to the creation, publication,
and distribution of artistic, journalistic, and commercial literature in traditional print and
digital format, including books, blogs, comics, graphic novels, editorials and
commentaries, magazines, and other published media;
(f) Performing Arts Domain refers to all activities involved in the training of
performances, the creation, promotion, distribution, exhibition, and preservation of
artistic shows, performances and such other art forms including live music, theatre,
musical theatre, dance, opera, circus, spoken word; and puppetry;
(g) Visual Arts Domain refers to all activities pertaining to the creation,
promotion, distribution, and preservation of works that are primarily visual in nature,
including paintings, drawings, sculptures, photographs, antiques, performance art, art
toys, multimedia art collages, or other similar material;
(h) Traditional Cultural Expressions Domain refers to tangible products and
intangible customs, practices and expressions of traditional Filipino culture and
heritage, including arts and crafts, gastronomy and culinary practices, cultural
festivals, and celebrations;
(i) Cultural Cites Domain refers to the physical human-made locations, sites,
and monuments that are of vital significance to the objective of promoting Philippine
culture, including historic buildings and town sites, important archeological sites, and
works of monumental sculptures or paintings. This domain encompasses the strategic
role and activities of museums, libraries, creative cities, performing arts venues, and
cultural exhibitions to promote the country cultural assets; and
(j) Other such domains and industries as the Council may determine, subject
to guidelines and criteria issued by the Council.
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Section 5. Creative Economy. Refers to the direct, indirect, or induced jobs and
businesses within creative industries as the economic system where cultural and creative
products and services are transformed into economic value based on the interplay between
human creativity, ideas, intellectual property knowledge and technology that shape the
creation, production, distribution and consumption of goods and services produced by
cultural and creative sectors.
Section 6. Shared service facilities. Refer to machinery, equipment, tools, system,
accessories and other auxiliary items, skills, and knowledge that are being provided by the
DTI or other NGAs under a combined and collective system to its target beneficiaries.
Section 7. Creative industry players include the following:
a) Creative Firms are organizations involved in the Creative Industry such as but not
limited to advertising firms, independent and mainstream production studios and/ or
houses, publishing firms, and the like.
b) Artist are persons practicing any of the creative arts; performers; producers of
paintings or drawings such as but not limited to painters, performing artists, theater
artists, motion picture artists, talents, and the like;
c) Artisans are workers in a skilled trade, especially involving making things by hand
such as but not limited to craftspeople, sculptors, makeup artists, textile maker;
d) Creators are persons bringing something into existence such as but not limited to
book writers, novelists, authors, filmmakers, animators, game developers, software
developers, composers, lyricists, and costume designers;
e) Creative workers are those involved in non-executive work that helps achieve the
industry’s goals such as but not limited to stunt people, editors, directors, film crew
and cinematographers;
f) Content Providers are persons or firms who supply information for use in other
media such as but not limited to periodical writers, syndicated cartoonists, journalists,
news broadcast firms, bloggers, vloggers and social media content creators.
Section 8. Intellectual Property (IP) refers to intangible assets or property rights resulting
from the creative work of an individual or organization. It refers to creations of the mind,
such as inventions, literary or artistic works, and symbols, names, images and designs used
in commerce.
ARTICLE IV
MUNICIPALITY OF INDANG LOCAL CULTURE AND ARTS COUNCIL
Section 9. Creation of the Municipality of Indang Local Culture and Arts Council
(LCAC)-
The Municipality of Indang Local Culture and Arts Council is hereby created to spearhead
the development and promotion of the creative industries in the Municipality of Victorias. As
mandated by section 22 of R.A.11904, all LGUs in coordination with the Philippine Creative
Industries Development Council and the DILG, shall establish a Local Culture and Arts
Council (LCAC).
Section 10. Composition of the LCAC. The LCAC shall be composed of 10 ex-officio
members and 7 regular members.
a. The 10 ex-officio members of LCAC are:
Municipality Mayor – Chairperson
Municipality Administrator – Vice Chairperson
SPM Chair, Committee on Culture, History, Arts, Tourism and Sister Municipality –
Member
SPM Chair, Committee on Trade, Commerce, Industry – Member
SPM Chair, Barangay Affairs – Member
DepEd Schools Division Superintendent – Member
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Local Tourism Officer – Member
Local DILG Officer – Member
Municipality Youth Development Officer – Member
Local Economic Development and Investment Promotion Officer – Member &
Secretary
b) There will be 7 regular members from the private sectors from any of the following
creative domains – Audiovisual Media- Digital Interactive Media, Creative Services,
Design, Publishing and printed Media, Performing Arts, Visual Arts, Traditional Cultural
Expressions, Cultural Sites.
c) Every regular member shall be appointed by the Municipality Mayor, The Council can
designate the qualifications and manner of recommending the regular members by
issuing guidelines, memorandum circulars, and other similar issuances as it may deem
fit.
Section 11. Term of Office of the regular members. The regular members of the council
shall serve for a term of three (3) years unless sooner terminated due to death, resignation,
or removal for cause, in which replacements shall serve only the unexpired portion of their
respective terms. The Municipality Mayor has the prerogative of re-appointing a regular
member for succeeding terms as he may deemed necessary.
Section 12. Compensation of the Regular Members. The Regular members of the
Council shall receive per diem every meeting in accordance with existing rules and
regulations including but not limited to those found in the Department of Budget and
Management (DBM) Budget Circular (BC) No. 2003-6 dated 29 September 2003 which
contains the rules and regulation on the grant of per diems to the members of collegial
bodies.
Section 13. Powers and Functions. Based on Section 22of R.A. 11904, the LCAC shall
exercise the following functions and powers in addition to those provided under existing
statutes, memoranda, and other issuances:
a. Support the Philippine Creative Industries Development Council (PCIDC) in all of its
functions as provided for in Section 7 of R.A. 11904;
b. Report to PCIDC the development and status of the implementation of programs at
the local level;
c. Regularly maintain a database of business support organizations and creative
workers associations if there are any, or encourage/assist in the formation thereof,
within the territorial jurisdiction of the LGU where the LCAC is located and transmit
such data to the council;
d. Formulate, plan, coordinate, implement, and assess policies, programs, activities,
and projects, that promote and develop the locality’s creative industries, in
coordination with PCIDC, and
e. Perform such other duties and functions in support of PCIDC activities and initiatives.
Section 14. Meetings, The LCAC shall meet at least once every quarter or as often as
necessary at the call of the Chairman of majority of the members.
Section 15. Quorum and Attendance to Meetings. A majority of the incumbent (17)
members of the LCAC shall constitutes a quorum to do business.
Members of the Council who cannot physically attend or vote at Council meetings can
participate and vote through remote communication technologies if available, including
videoconferencing, teleconferencing, or other alternative modes of communication that allow
them reasonable opportunities to participate.
ARTICLE V
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THE SECRETARIAT TO THE LOCAL CULTURE AND ARTS COUNCIL
Section 16. Secretariat to the Local Culture and Arts Council. The Local Economic
Development and Investment Promotion Office (LEDIPO) shall serve as the Secretariat to
the LCAC, to be headed by the LEDIP Officer, who will also serve as an LCAC ex-Officio
member and secretary.
Section 17. Establishment of a creatives Desk. A creatives desk shall be established
under the LEDIP Office, to be manned by a designated LEDIP Staff, who will be the
principal assistant of the LEDIP Officer on matters and activities related to the creatives
industry and in implementing the mandates from LCAC.
Section 18. Duties and Functions of the LCAC Secretary and the Secretariat.
a. The LCAC Secretary shall direct and manage the affairs of the Secretariat in
accordance with the policies of the Council;
b. Submit an annual budget and necessary supplemental budget to the LCAC for its
approval;
c. Maintain a database of all relevant data and information regarding the creative
industries in conjunction with PSA and other agencies that maintain any related
database;
d. Maintain a database of accredited business support organizations and creative
workers associations in the creative industries, in coordination with the Local
Culture and Arts Councils (LCAC), pursuant to Section 22 of this Act;
e. Submit with in Thirty (30) days after the close of each fiscal year an annual report
and other reporting requirements to the \LCAC;
f. Record/ transcribe the minutes of the LCAC meetings and inform the Chairman of
the possible meeting agenda for succeeding meeting for his/ her consideration and
approval;
g. Submit to the LCAC for it’s approval, policies, systems, procedures, rules, and
regulations that are essential to the operation of the Secretariat; and
h. Perform such other duties as may be assigned by the Councilor or which are
necessary or incidental to the office.
ARTICLE VI
FINAL PROVISIONS
Section 19. One -Stop Registration Center- The Negosyo Centers in LGUs established
Republic Act No. 10644, otherwise known as the “Go Negosyo Act; shall extend its services
as a one-stop shop to assist creative industry MSMEs or entrepreneurs in availing
government services that are applicable to the creative industries, including intellectual
property registration, product and business registration, loans, grants, and benefits
programs. There shall be a special lane in all Negosyo Centers for this purpose.
The Negosyo Centers shall provide electronic means of access and registration for creative
industry MSMEs or entrepreneurs, in accordance with the provisions of Republic Act No.
9485, as amended by Republic Act No. 11032 or the “Ease of Doing Business and Efficient
Government Service Delivery Act of 2018”.
Section 20. Appropriations. The amount necessary for the immediate implementation of
this ordinance, including any and all amounts needed by the Council, Secretariat, and other
government agencies for the programs, capital outlay, and other related expenses, shall be
included in the annual General Appropriations of the Municipality.
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Section 21. Repealing Clause. All ordinances enacted consistent with the provisions of this
ordinance are hereby repealed, amended, or modified accordingly.
Section 22. Separability Clause. If any provision of this ordinance is held invalid or
unconstitutional, the other provisions not affected thereby shall remain in full force and
effect.
Section 23. Effectivity Clause. This ordinance shall take effect 30 days after its approval
and compliance with the pertinent posting requirement under the Local Government Code of
1991.