Law Summary
Scope and Coverage
- Governs issuance of permits for treasure hunting on government and private lands.
- Includes disposition of recovered hidden treasures hoarded prior to the rules.
- Excludes discovery/recovery of cultural or historic items governed by other heritage laws.
Objectives
- Rationalize evaluation of treasure hunting applications.
- Provide guidelines to protect government interests and preserve Filipino cultural heritage.
Definition of Terms
- Key terms defined including Area Clearance, Agency (National Museum), Artifacts, Digging, Environmental Compliance Certificate, Hidden Treasure, Permit, Private Land, Relics, Technical Work Program, Treasure Hunting, Site, among others.
Qualifications of Applicants
- Individuals must be Filipino, of legal age, contract-capable.
- Partnerships, corporations must be legally organized and financially and technically capable.
Filing of Application
- Applications filed under oath with National Museum.
- Application fees vary by scale of activity (small, medium, large).
Requirements
- Legal/administrative documents including registrations, consent of landowners or government, area clearance, joint venture agreements, indigenous consent.
- Technical submission including site description, technical and environmental work programs, qualifications of technical staff.
- Financial documentation including tax returns, audited statements, and proof of funding.
Evaluation and Approval
- Processed and evaluated within 30 working days by Cultural Properties Division, approved by Director.
- Includes area plotting, evaluation, surety bond determination, and monitoring plans.
- Field assessments on payment by applicant.
- Prohibited locations include cave mouths, archaeological sites, shipwrecks.
Posting of Bond and Releasing of Permit
- Surety bond required prior to permit release to cover damages.
- Bond posted with GSIS or bonding company.
Term of Permit
- Valid for one year, renewable once for one additional year.
Terms and Conditions of Permit
- Exclusivity; non-transferable except to heirs.
- Inspections allowed anytime.
- Activities must commence within 3 months.
- Protection of existing structures.
- Quarterly reports mandatory.
- Immediate notification upon discovery of valuables.
- Full liability for damages.
- Permit may be suspended or revoked for non-compliance.
- Compliance with laws and possible additional conditions.
Transport of Treasure Finds
- Requires prior transport permit from National Museum.
- Submission of formal request, copy of permit, and inventory.
- Agency and applicant to conduct inventory.
Valuation and Disposition of Recovered Treasure
- National Museum determines cultural/historical value.
- Cultural artifacts turned over to National Museum.
- Treasures without cultural value turned over to Oversight Committee.
- Export allowed only with approval by National Museum and Central Bank.
Oversight Committee
- Created within 30 days.
- Composed of National Museum Director (Chair), technical personnel, Central Bank representative, and Permit Holder.
- Oversees digging, excavation, valuation, and disposition of non-cultural treasures.
Sharing
- Public land finds: 50% to Government, 50% to Permit Holder.
- Private land finds: 70% to Permit Holder, 30% to Government.
- Expenses deducted before sharing.
Government Rights
- Intellectual property rights to images/documentation of treasure hunting belong to Government.
Confidentiality of Information
- Applicant information confidential from submission to two years after permit expiration.
- National Museum liable for leaks.
- Reports of illegal treasure activities strictly confidential.
Rehabilitation
- Monitored according to approved environmental certificates and permits.
- Rehabilitation fees and bonds used after forfeiture.
Additional Terms and Conditions
- Permit boundaries to be marked.
- Written notification within 24 hours upon discovery of valuables.
- Permit holder liable for damages.
Termination and Cancellation
- For failure to comply with permit conditions or laws.
- On grounds of national interest.
- Bond forfeited for rehabilitation if violation occurs.
Permit Renewal
- Requires payment, submission of updated work program, proof of performance and financial capability, and bond payment.
Penal Provisions
- Violations penalized under National Cultural Heritage Act (R.A. 10066) and other applicable laws.
Transitory Provisions
- Existing permits from DENR Mines and Geosciences Bureau to be validated by National Museum.
- All pending applications endorsed to Chief of Cultural Properties Division.
Separability Clause
- Unconstitutional provisions invalidated without affecting remaining provisions.
Repealing and Amending Clause
- New guidelines amend or repeal inconsistent prior rules and orders.