Selling of a cultural property

Selling of a cultural property "I was able to locate the bayonet of my friend, which has been classified as a cultural property. The bayonet was used by his grandfather during World War 1. Will I violate any law if I sell the bayonet? OmarDear Omar, The law that addresses your situation is Section 48 (e), Article VIII of Republic Act (RA) 10066 or the “National Cultural Heritage Act of 2009”, which provides:“Section 48. Prohibited Acts. To the extent that the offense is not punishable by a higher punishment under another provision of law, violations of this Act may be made by whoever intentionally: xxx “(e) Imports, sells, distributes, procures, acquires, or exports cultural property stolen, or otherwise lost against the will of the lawful owner [...]”Relatedly, the same law provides a penalty for violation of the same, viz: “Section 49. Penal Provisions. Upon conviction, the offender shall be subject to a fine of not less than Two hundred thousand pesos (P200,000.00) or imprisonment for a term of not less than ten (10) years, or both, upon the discretion of the court: Provided, That any cultural property attempted to be concealed from registration or those intended to be encumbered or excavated in violation of this Act shall be summarily confiscated and forfeited in favor of the Commission: Provided, further, That if the violation is committed by a juridical person, the president, manager, representative, director, agent or employee of the said juridical person responsible for the act shall also be liable for the penalties provided herein: Provided, furthermore, That if the acts are committed by dealers, they shall suffer, in addition to the penalties provided herein, the automatic revocation of their license to operate: Provided, finally, That if the offender is an alien, he/she shall be placed under the custody of the Bureau of Immigration for the appropriate proceedings under this Act and shall be summarily deported after serving his/her sentence. xxx”It is clear from Articles 48 (e) and 49 of RA 10066 that selling, distributing, acquiring or exporting cultural property stolen or lost against the lawful will of the owner, is illegal and may subject the offender to a penalty of fine or imprisonment, depending on the discretion of the court.In your situation, if you are caught selling a cultural property, which has been lost by the owner, you can be apprehended and penalized accordingly for your action.We hope that we were able to answer your queries. This advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated. Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to " - https://www.affordablecebu.com/