Title
Amendments to DENR Rules on Treasure Hunting Permits
Law
Denr Administrative Order No. 2004-33
Decision Date
Aug 31, 2004
DENR Administrative Order No. 2004-33 amends the regulations for issuing permits related to treasure hunting and shipwreck recovery, establishing clearer definitions, application requirements, and revenue-sharing guidelines between the government and permit holders.
A

Application Filing Procedure

  • Applications for permits must be filed under oath with the concerned Regional Office of the Mines and Geosciences Bureau.
  • Application fee is set at PHP 10,000.

Application Requirements

  • Legal and Administrative: Personal or corporate information sheets, SEC registration for corporations, organizational documents, area clearances, consents from government and private landowners, area status and clearance per DENR memoranda, joint venture agreements if any, and indigenous cultural community consent for ancestral lands.
  • Technical: Detailed site description with certified maps, Technical and Environmental Work Programs, ECC or CNC where applicable, and CVs of technical personnel.
  • Financial: Latest tax returns, audited financial statements, and proof of financial capability such as bank guarantees and deposits.

Evaluation and Approval Process

  • Technical Review Committee constituted by the Regional Director will evaluate the application within 30 working days.
  • Duties include mapping, application review, surety bond determination, monitoring, recommendations, and progress reporting.
  • If necessary, field verification with associated fees borne by the applicant is conducted.
  • Private land applications are approved or denied by the Regional Director, while public land applications require further endorsement to the Bureau Director and DENR Secretary.
  • Approved permits are numbered by the Bureau or Regional Office, and copies must be submitted to the Bureau Director within 7 days of issuance.

Bond Posting and Permit Release

  • A surety bond reflecting proposed restoration and rehabilitation costs must be posted before permit release.
  • Bond may be posted with GSIS or a reputable bonding company.
  • Proof of bond posting is submitted prior to permit numbering and release.

Monitoring, Valuation, and Disposition of Recovered Items

  • Regional Offices monitor permit compliance and coordinate with EMB, local DENR offices, and LGUs to investigate unauthorized activities.
  • Valuable finds are assessed by the National Museum for cultural/historical significance.
  • Items deemed culturally/historically valuable are turned over to the National Museum; others go to the Oversight Committee for valuation and disposition.
  • Export of recovered treasures requires approval from the National Heritage Commission and other relevant agencies.

Sharing of Proceeds

  • Net proceeds are shared after approval of an audited expense report by the Oversight Committee as follows:
    • Treasure Hunting on Public Lands: 75% Government, 25% Permit Holder.
    • Treasure Hunting on Private Lands: 30% Government, 70% shared by Permit Holder and landowner.
    • Shipwreck/Sunken Vessel Recovery: 50% Government, 50% Permit Holder.

Effectivity

  • The Order takes effect 15 days after publication and 15 days after registration with the Office of the National Administrative Register.

Analyze Cases Smarter, Faster
Jur helps you analyze cases smarter to comprehend faster, building context before diving into full texts. AI-powered analysis, always verify critical details.