QuestionsQuestions (NMP OFFICE ORDER NO. 2011- 83)
The State controls and supervises the discovery/recovery and disposition of hidden treasures to protect government interests (including rehabilitation of disturbed areas) and preserve important cultural properties and national cultural treasures.
They cover (1) treasure hunting activities in government or private land and (2) disposition of recovered hidden treasures or things of value hoarded in secret/undisclosed places prior to the effectivity of the rules, including transport/sale of specified valuables. They do not cover permits for discovery/recovery of cultural and historical values (which are governed by other laws).
It defines hidden treasure as any hidden money, jewelry, or precious objects whose lawful ownership does not appear. This matters because the subsequent process (cultural/historical value determination, Museum turnover, and valuation/disposition rules) depends on the nature of the items found.
The “Agency” refers to the National Museum of the Philippines. It evaluates applications, assists the Director, determines surety bond amounts, and monitors compliance through its Cultural Properties Division mechanisms.
Individuals must be Filipino citizens, of legal age, with capacity to enter into contracts, and capable of conducting treasure hunting. Partnerships/associations/corporations must be duly organized/authorized for treasure hunting, registered under law, and have technical and financial capability.
Applications must be under oath and filed with the Agency, with legal, technical, financial, and operational requirements evaluated. An application fee applies depending on area scale.
Small scale (area less than one hectare): ₱3,000. Medium scale (private/commercial area): ₱5,000. Large scale (one hectare or more/public land): ₱10,000.
For private lands: consent of the landowner(s). For government buildings, dams, watersheds, reserved sites, vital national interest areas, military/naval camps, bases and reservations, shrines and hallowed places: consent of the concerned government agency. Consent of concessionaires is needed if the permit area affects aquaculture/fishery projects or beach/marine recreational areas.
An ECC and/or IEIE is required for Environmentally Critical Areas identified by DENR. The application must also include an Environmental Work Program and must conform or be cleared at the appropriate LGU level.
The site technical description must be expressed in latitude and longitude. The Technical Work Program must include appropriate technology, manpower, equipment, cost estimates, and safety measures.
It is a management plan for environmental objectives, protection, and rehabilitation of disturbed areas during and after treasure hunting. It includes predicted damages and restoration/rehabilitation program and budget, which serves as the basis for assessing the required surety bond.
The Cultural Properties Division processes and evaluates the application, approved by the Director. It is processed within thirty (30) working days upon payment of the non-refundable application fee and submission of complete requirements.
A field verification fee of ₱1,500 per field man per day is paid by the applicant. Spot inspections verifying the progress of the approved activity are shouldered by the National Museum.
No permit in cave sites within 500 meters from the cave mouth, or in archaeological/declared historical zones and anthropological reservations. No permit for shipwreck activities. No permit on all identified or recorded archaeological sites.
It guarantees payment for actual damages incurred during locating, digging, and excavating activities. It must be posted upon approval but before release of the permit. Proof may be posted with GSIS or any reputable bonding company.
It has a term of one (1) year renewable once for a period of one (1) year.
The Permit Holder must submit a quarterly progress report within ten (10) days after each quarter ends, and must notify the Agency within twenty-four (24) hours upon discovery of valuable items in the permit area (and failure to notify within the required period renders collection/gathering illegal).
A prior permit to transport issued by the National Museum is required, along with a formal request to transport, a copy of the treasure hunting permit, and a list of inventory to be transported, with inventory conducted by the agency together with the applicant/authorized representative.
The Agency determines whether items have cultural/historical value. If they do, they are turned over to the National Museum for appropriate action. If not, they are turned over to the Oversight Committee for valuation and disposition.
Public lands: 50% to the Government and 50% to the Permit Holder. Private lands: 70% to the applicant and 30% to the Government, after an audited report of expenses is evaluated and approved by the Oversight Committee.