QuestionsQuestions (DENR ADMINISTRATIVE ORDER NO. 2002-04, JANUARY 22, 2002)
Discovery/recovery and disposition of hidden treasures, shipwrecks/sunken vessels, and valuable cargoes must be under the full control and supervision of the State to protect the Government’s interests, rehabilitate disturbed areas, and preserve important cultural/national cultural treasures.
Issuance of permits for (a) treasure hunting in government or private land, (b) shipwreck/sunken vessel recovery, and (c) disposition of recovered hoarded/hidden treasures or valuables found in secret/undisclosed places prior to the effectivity of the rules.
Permits for discovery/recovery exclusively for materials of cultural and historical values (e.g., arts, archaeological artifacts, ecofacts, relics and cultural heritage objects, including foreign origin) are governed instead by Republic Act No. 8492 (National Museum Act of 1998).
Any hidden and unknown deposit of mineral products, money, jewelry, or other precious objects whose lawful ownership does not appear.
Must be a Filipino citizen, of legal age, capable of entering into contract, and capable of conducting treasure hunting or shipwreck/sunken vessel recovery activities.
Must be organized or authorized to engage in the purpose, duly registered under law, and must have technical and financial capability to undertake the activities.
Applications must be under oath and filed with the Mines and Geosciences Bureau (MGB), where legal/technical/financial/operational requirements are evaluated. An application fee of Php 10,000 is required.
Consent of the landowner(s) concerned, or consent of concerned government entities (e.g., buildings, dams, watersheds, military/reservations, shrines/hallowed places), as applicable; and consent of concessionaires where permit areas affect aquaculture/fishery projects or beach/marine recreational areas (if applicable).
Not more than one (1) hectare for land and not more than twenty (20) hectares for bodies of water, accompanied by maps duly prepared and certified by a licensed Geodetic Engineer; larger areas may be allowed case-by-case subject to prior approval by the Secretary.
An Environmental Compliance Certificate (ECC), if applicable (and Section 7 also requires an Environmental Work Program).
Within thirty (30) working days upon payment of the non-refundable fee and submission of complete requirements. Evaluation is by a Technical Review Committee constituted by the Director.
A surety bond (posted in GSIS or a reputable bonding company if GSIS cannot provide). It must be posted upon approval but before release of the permit to guarantee payment for whatever actual damages may be incurred during locating/digging/excavation activities.
Standard term: one (1) year renewable once for another one (1) year. For shipwreck/sunken vessel recovery with applied area > 20 hectares: two (2) years—first year for exploration and second year for recovery—with the recovery area reduced to not more than 20 hectares after the first year.
Examples include: permit cannot be transferred/assigned; activities must commence within three (3) months; must submit quarterly activity reports within ten (10) days after each quarter ends; must notify the Department/Bureau within 24 hours upon discovery of valuable items; and government may suspend/revoke the permit for public interest or non-compliance.
The National Museum is called upon to determine if items have cultural and/or historical value; if yes, 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.