Question & AnswerQ&A (DENR ADMINISTRATIVE ORDER NO. 2004-33)
The purpose of DENR Administrative Order No. 2004-33 is to amend the rules and regulations governing the issuance of permits for treasure hunting, shipwreck/sunken vessel recovery, and disposition of recovered treasures/valuable cargoes, including hoarded hidden treasures, to provide a responsive regulatory framework.
Treasure Hunting refers to any and all inland activities such as locating, digging or excavating, securing, transporting, and disposition of recovered treasures.
The application must include legal and administrative documents (such as SEC registration, organizational structure, consents, and area clearances), technical documents (site description, technical work program, environmental work program, ECC or CNC, CVs of technical personnel), and financial documents (tax returns, audited financial statements, proofs of funding).
An application fee of Ten Thousand Pesos (Php 10,000.00) must be paid to the concerned Regional Office.
A Technical Review Committee constituted by the concerned Regional Director evaluates the applications within thirty (30) working days of acceptance.
Their responsibilities include plotting the area on control maps, reviewing and evaluating applications, determining surety bond amounts, monitoring compliance with permit conditions, recommending measures related to activities, and preparing progress reports.
The applicant must post a surety bond based on the restoration/rehabilitation activities in the Environmental Work Program to guarantee payment for any actual damages incurred during treasure hunting or excavation activities.
Recovered items are investigated and monitored; if they have cultural or historical value, they are turned over to the National Museum; if not, they go to the Oversight Committee for valuation and disposition. Export of treasures requires approval from the National Heritage Commission and other agencies.
For treasure hunting in public lands, 75% goes to the government and 25% to the permit holder; in private lands, 30% to the government and 70% to be shared by the permit holder and landowner; for shipwreck recovery, 50% each to the government and permit holder.
Applicants must submit an Environmental Compliance Certificate (ECC) or Certificate of Non-Coverage (CNC) and an Environmental Work Program detailing predicted environmental damages and restoration/rehabilitation plans.