Title
Guidelines for Treasure Hunting Permits in PH
Law
Nmp Office Order No. 2011- 83
Decision Date
Jan 5, 2011
Guidelines for issuing permits for treasure hunting activities ensure state control over the discovery and recovery of hidden treasures, emphasizing the preservation of cultural heritage and environmental protection while outlining application requirements and permit conditions.
treasure hunting
permits
cultural heritage

Legal basis and regulatory framework

  • Republic Act No. 10066 governs treasure hunting as part of the National Cultural Heritage regulatory scheme.
  • The guidelines expressly distinguish their coverage from cultural and historical values, which are governed by:
    • Republic Act No. 4846 as amended by Presidential Decree No. 374,
    • Republic Act No. 8492 (National Museum Act of 1998), and
    • Republic Act No. 10066 (National Cultural Heritage Act of 2009).
  • Republic Act No. 10066 also governs penalties for violations through Section 22 of these guidelines.

Policy and objectives

  • The State policy requires discovery/recovery and disposition of hidden treasures to be under full control and supervision of the State to protect the Government’s interest, including rehabilitation of disturbed areas and preservation of important cultural properties and national cultural treasures (Section 1).
  • The guidelines rationalize evaluation of treasure hunting applications (Section 3.1).
  • The guidelines provide guidelines for hunting hidden treasure and disposition to protect Government interests and preserve the cultural heritage of the Filipino people (Section 3.2).

Definitions and covered activities

  • “Area Clearance” is a clearance issued by the agency allowing an applicant to conduct treasure hunting activities as shown in submitted technical and environmental work programs (Section 4.1).
  • “Agency” refers to the National Museum of the Philippines (Section 4.2).
  • “Artifacts” are products of human skills or workmanship, especially simple products of primitive arts or industry representing past eras or periods (Section 4.3).
  • “Digging” is excavating hidden treasures buried underground for years or centuries (Section 4.4).
  • “Environmental Compliance Certificate (ECC)” certifies, based on representations of the proponent and preparer, that the proposed project will not cause significant negative environmental impact and that mitigation in the Initial Environmental Examination will be undertaken (Section 4.6).
  • “Environmental Impact Assessment” is predicting likely environmental consequences and designing preventive, mitigating, and enhancement measures (Section 4.7).
  • “Environmental Work Program” is a comprehensive management plan to achieve environmental objectives, including protection and rehabilitation of disturbed environment during and after treasure hunting (Section 4.8).
  • “Hidden Treasure” is any hidden money, jewelry, or other precious objects whose lawful ownership does not appear (Section 4.9).
  • “Initial Environmental Impact Examination (IEIE)” is a required document describing environmental impact and mitigation/enhancement measures for projects in an Environmentally Critical Area (Section 4.10).
  • “Permit” is the Permit issued for treasure hunting (Section 4.11); “Permit Holder” is the holder of a Permit (Section 4.12).
  • “Private Land” is title belonging to any private person or entity, including alienable and disposable land claimed by a holder/claimant/occupant with vested right under law even if the certificate of title or patent has not been issued (Section 4.13).
  • “Relics” are cultural property objects left behind after destruction/decay and intimately associated with important beliefs, practices, customs, traditions, persons, and personages (Section 4.14).
  • “Technical Work Program” is a detailed outline of activities and financial plan for treasure hunting (Section 4.15).
  • “Treasure Hunting” covers inland activities including locating, digging or excavating, transporting, and disposition of recovered treasures (Section 4.16).
  • “Site” is the actual ground location of diggings and excavations (Section 4.17).

Applicant qualifications, filing, and application fees

  • Only these may apply for a Treasure Hunting Permit:
    • Individuals who are Filipino citizens, of legal age, with capacity to enter into contract, and capable of conducting treasure hunting (Section 5.1).
    • Partnerships, associations, or corporations organized or authorized to engage in treasure hunting, duly registered, with technical and financial capability to undertake treasure hunting activities (Section 5.2).
  • Applications must be under oath and must be filed with the Agency for evaluation of legal, technical, financial, and operational requirements (Section 6).
  • Applications require a non-refundable application fee in these categories (Section 6):
    • Small scale (area less than one hectare) — PHP 3,000,
    • Medium scale (private/commercial area) — PHP 5,000, and
    • Large scale (area one hectare or more/public land) — PHP 10,000.
  • Applications must be accompanied by required information, documents, and certifications under Section 7, and by the applicable environmental documents under Section 7.1.7.

Required documents and evaluation approvals

  • Applications must include legal and administrative requirements (Section 7.1):
    • Prescribed personal and/or Corporate Information Sheet (Section 7.1.1).
    • For partnerships/associations/corporations:
      • Certified true copy of SEC Certificate of Registration or concerned authorized government agency document (Section 7.1.2.1),
      • Certified true copy of Articles of Incorporation/Partnership/Association and Bylaws (Section 7.1.2.2), and
      • Organizational and Operational Structure (Section 7.1.2.3).
    • Consent of landowner(s) when activities affect private lands, and consent of concerned Government agency when activities affect government buildings, dams, watersheds, and other areas reserved for purposes affecting vital national interest, military or naval camps, bases and reservations, shrines and other hallowed places; and consent of concessionaires when the permit area affects aquaculture or fishery projects or beach/marine recreational areas, if applicable (Section 7.1.3).
    • Area Clearance from concerned government agency when activities affect public land (Section 7.1.4).
    • Certified true copy of Joint Venture Agreement(s), if any (Section 7.1.5).
    • Free and prior informed consent of indigenous cultural communities in areas covered by ancestral land/domain (Section 7.1.6).
    • ECC and/or IEIE in Environmentally Critical Areas identified by the Department of Environment and Natural Resources (Section 7.1.7).
  • Applications must include technical requirements (Section 7.2):
    • Technical description of the site expressed in latitude and longitude (Section 7.2.1).
    • Technical Work Program including appropriate technology, manpower, equipment, cost estimates, and safety measures (Section 7.2.2).
    • Environmental Work Program including predicted damages (if any), and proposed restoration/rehabilitation program and budgetary requirements, used as basis for the required surety bond; the program must conform to and have prior clearance from concerned local government unit (Municipal or City level) (Section 7.2.3).
    • Curriculum Vitae of technical person/s who will undertake technical and environmental work programs (Section 7.2.4).
  • Applications must include financial requirements (Section 7.3):
    • Latest income/corporate tax return, if applicable (Section 7.3.1).
    • Certified true copies of latest audited financial statements, if applicable (Section 7.3.2).
    • Bank guarantees/references, credit lines, cash deposits, and other proofs of funding sources (Section 7.3.3).
  • The Agency processes applications within thirty (30) working days upon payment of the non-refundable application fee and submission of complete requirements (Section 8).
  • The Cultural Properties Division (CPD) evaluates and the Director approves the application (Section 8).
  • The CPD assists the Director with plotting the area on control maps, evaluation and review, determination of surety bond amount, monitoring compliance, recommending measures, and preparing progress reports (Section 8.1–8.6).
  • When necessary, evaluation may include field assessment/verification; the applicant pays a field verification fee of One Thousand Five Hundred Pesos (P1,500.00) per field man per day, while spot inspections verifying progress of approved treasure hunting are shouldered by the National Museum (Section 8).
  • After approval, the permit is forwarded to the Permit Section of the CPD for numbering (Section 8).
  • The Director must deny issuance of permits in these areas/activities:
    • Cave sites within 500 meters from the mouth of the cave, archaeological and/or declared historical zones, and anthropological reservations (Section 8.7).
    • Shipwreck activities (Section 8.8).
    • All identified or recorded archaeological sites (Section 8.9).

Bond posting, permit term, and permit conditions

  • A surety bond must be posted by the applicant upon approval but before release of the permit to guarantee payment of actual damages during locating, digging, and excavating (Section 9).
  • The bond must be posted in GSIS or, if GSIS cannot be used, with any reputable bonding company (Section 9).
  • Proof of posting must be submitted to the Agency before numbering and release of the permit (Section 9).
  • The permit term is one (1) year, renewable once for an additional one (1) year (Section 10).
  • Permits contain these terms and conditions (Section 11; plus Section 19 for additional terms):
    • The permit is for the exclusive use and benefit of the Permit Holder and cannot be transferred or assigned, except succession to the next of kin in case of death or total incapacitation of an individual Permit Holder (Section 11.1).
    • The Director may inspect the permit area at any time through authorized representatives; other agencies may inspect in coordination with the Agency (Section 11.2).
    • The Permit Holder must commence activities within three (3) months from permit issuance (Section 11.3).
    • The Permit Holder must not destroy any building or structure erected on the permit area without the owner’s consent (Section 11.4).
    • The Permit Holder must submit a quarterly report of accomplishment/progress not later than ten (10) days after the end of each quarter (Section 11.5).
    • The Permit Holder must notify the Agency within twenty four (24) hours upon discovery of valuable items in the applied area (Section 11.6).
    • The Permit Holder assumes full responsibility and is liable for damages during operations under the permit, including damages from acts or omissions incidental to operation (Section 11.7).
    • The Director may suspend or revoke a permit at any time upon recommendation of the CPD Chief when public interest requires, or when the Permit Holder fails to comply with permit terms/conditions, relevant laws, rules and regulations, and local ordinances; the Government bears no responsibility for expenditures incurred or other damages suffered by the Permit Holder (Section 11.8).
    • The Permit Holder must conform to applicable laws, rules, and regulations (Section 11.9).
    • Withdrawal from the permit area does not release the Permit Holder from financial, environmental, legal, and/or other obligations (Section 11.10).
    • The Director may impose additional terms and conditions or the Agency may prescribe additional requirements (Section 11.11).
  • Additional permit terms are required (Section 19):
    • Permit area boundaries must be properly marked (Section 19.1).
    • Discovery notification must be made immediately by formal written notice within twenty four (24) hours; failure to notify renders collection/gathering illegal and constitutes a violation of the guidelines (Section 19.2).
    • The Permit Holder is fully responsible for liability for damages occasioned by operation under the permit (Section 19.3).

Transport, valuation, oversight, and proceeds sharing

  • Treasure finds may not be moved from one destination to another without a prior permit to transport issued by the National Museum (Section 12.1).
  • To obtain transport permission, the Permit Holder must provide:
    • A formal request to transport from original place to destination,
    • A copy of the treasure hunting permit, and
    • A list of inventory to be transported (Section 12.1.1–12.1.3).
  • The inventory of treasure finds must be conducted by the Agency together with the applicant or authorized representative (Section 12.2).
  • Upon discovery of valuable items resulting from treasure hunting, the Agency determines whether items have cultural and/or historical value (Section 13).
  • If items are considered historically and culturally valuable, the Agency turns them over to the National Museum for appropriate action (Section 13).
  • If items are not historically/culturally valuable, they are turned over to the Oversight Committee for valuation and disposition (Section 13).
  • All treasures are allowed for export only upon approval by the National Museum in coordination with the Central Bank of the Philippines (Section 13).
  • An NM Oversight Committee must be created within thirty (30) days from effectivity to oversee diggings/excavations and take possession for valuation and eventual disposition of monies and items without historical/cultural value (Section 14).
  • The committee is composed of the Director or authorized representative as Chairperson, technical personnel from the National Museum, Central Bank, and the Permit Holder or representative as members (Section 14).
  • Net proceeds sharing after an audited report of expenses is evaluated and approved by the Oversight Committee is:
    • For treasure hunting within Public Lands: 50% to the Government and 50% to the Permit Holder (Section 15.1).
    • For treasure hunting in Private Lands: 70% to the applicant and 30% to the Government (Section 15.2).

Government IP rights, confidentiality, rehabilitation

  • Intellectual property rights arising from documentation/recording of treasure hunting activities through still photography, film, video, or other electronic media, publication of generated images, and other reproductions/dissemination belong to the Government and are governed by applicable laws (Section 16).
  • Information submitted by applicants and other data supplied by the Permit Holder must be treated as confidential by the Government from submission/supply to the Agency and/or Oversight Committee up to two (2) years from the expiration of the permit (Section 17).
  • Illegal treasure activities reported to the National Museum must be treated with strict confidentiality (Section 17).
  • The National Museum is liable in case of leak of information of illegal treasure activity reports (Section 17).
  • Rehabilitation of disturbed areas must be monitored according to the approved ECC and the permit (Section 18).
  • In cases of forfeiture, the rehabilitation fee and the posted bond must be used to rehabilitate the area and may include repair and maintenance of adjacent areas (Section 18).

Termination, renewal conditions, and penalties

  • Permit termination or cancellation grounds include:
    • Failure of the Permit Holder to comply with permit terms and conditions (Section 20.1),
    • Violation of any provisions of Republic Act No. 10066 and applicable environment and natural resources laws, rules, and regulations (Section 20.2),
    • When national interest so requires as determined by the Agency (Section 20.3).
  • In cases of violations, the bond automatically accrues for rehabilitation works (Section 20).
  • Permit renewal requires:
    • Payment of the application fee based on the categories in Section 6,
    • Submission of new/revised work program,
    • Submission of certification of performance or accomplishment reports,
    • Submission of area clearances and proofs of financial capability as specified in Section 7.3,
    • Payment of bond (Section 21.1).
  • Any violation of these guidelines is penalized in accordance with Republic Act No. 10066 and other applicable laws, rules, and regulations (Section 22).

Transitory provisions, separability, and amendment/repeal

  • Existing treasure hunting permits previously issued by the DENR Mines and Geosciences Bureau must be evaluated and validated by the National Museum (Section 23).
  • Pending, new, and renewal treasure hunting applications must be endorsed to the Chief of the Cultural Properties Division for evaluation to be approved by the Director (Section 23).
  • If any provision is held unconstitutional or invalid by a competent court, the remaining provisions continue in force as if the invalid provision had never been incorporated (Section 24).
  • The guidelines amend and/or revoke other orders, rules, and regulations inconsistent with these guidelines (Section 25).

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