Title
Guidelines on Cave Treasure Hunting
Law
Denr Administrative Order No. 2007-34
Decision Date
Dec 10, 2007
A Philippine law establishes regulations and procedures for treasure hunting in caves, including eligibility requirements, evaluation and approval processes, valuation and disposition of recovered treasures, and penalties for non-compliance, with the National Resource Development Corporation assigned as the Fund Manager and intellectual property rights belonging to the government.
regulations
procedures
treasure hunting
A

Objective of the Guidelines

  • Establish clear procedures and measures for issuing permits for treasure hunting activities in caves.
  • Covers both public domain and private lands.

Scope and Coverage

  • Governs treasure hunting permit applications within caves in public or private lands.
  • Excludes caves with cultural, paleontological, archaeological, and historical values (under National Museum Act).
  • Caves within ancestral lands are covered by the Indigenous People Rights Act.
  • Significant caves as determined by DENR and scientific community are excluded.

Definitions of Key Terms

  • Area Clearance: Permit from concerned agencies for treasure hunting based on technical/environmental programs.
  • Cave: Natural voids or interconnected passages large enough for entry, includes natural pits or sinkholes; excludes man-made excavations like mines or tunnels.
  • Cave Resources: Naturally occurring materials in caves such as animal/plant life, archaeological deposits, cultural artifacts, sediments, minerals.
  • Cave System: Interconnected caves or complex chambers/passages.
  • Environmental Compliance Certificate (ECC): Issued by DENR certifying a project does not cause significant environmental impact.
  • Environmental Impact Assessment (EIA): Predicting environmental effects and designing mitigation measures.
  • Environmental Work Program (EWP): Strategic management plan for environmental objectives and rehabilitation.
  • Hidden Treasure: Deposits of minerals, money, jewelry, or other valuable objects with unclear lawful ownership.
  • NRDC: Natural Resources Development Corporation.
  • Oversight Committee: Multi-agency body overseeing treasure hunting permits.
  • Permit: Official authorization for treasure hunting.
  • Permit Holder: Person or entity with a treasure hunting permit.
  • Private Land: Titled land owned by private individuals/entities.
  • Relics: Objects with cultural significance, remnants after destruction or decay.
  • Significant Caves: Caves with archeological, cultural, ecological, historical, or scientific value.
  • Technical Work Program: Detailed outline and financial plan for treasure hunting activities.
  • Treasure Hunting: Activities including locating, excavating, securing, transporting, and disposition of treasures.

Qualification of Applicants

  • Individuals: Filipino citizens, legal age, capable of contracting, capable of conducting treasure hunting.
  • Partnerships/Associations/Corporations: Legally organized and registered entities with technical and financial capacity for treasure hunting.

Application Filing Process

  • Applications filed under oath to Mines and Geosciences Bureau (MGB) Regional Offices.
  • Processed on a first-come-first-served basis.
  • Payment of a non-refundable application fee of Php 10,000.
  • MGB conducts site verification to confirm application area is within cave or cave system.

Application Requirements

  • For Individuals: Completed Personal Information Sheet and general requirements.
  • For Entities: SEC/agency registration, Articles of Incorporation/By-laws, company track record, plus general requirements.
  • General Administrative Requirements: Consent from landowners or concerned government agencies, area clearance from LGUs and government agencies for public lands, joint venture agreements if any, PAMB clearance for protected areas, clearances from holders of valid tenurial instruments.
  • Technical Requirements: Site description with coordinates and maps, Technical Work Program, Environmental Work Program with restoration plan and budget, Certificate of Non-Coverage or Environmental Compliance Certificate, CVs of technical staff.
  • Financial Requirements: Latest tax returns, audited financial statements, bank guarantees or proofs of funding.

Evaluation and Verification Procedures

  • Applications undergo initial field verification by MGB to confirm if within cave systems.
  • Endorsement to Regional Cave Committee (RCC) for evaluation.
  • RCC composition includes representatives from MGB, DENR bureaus, National Museum, National Historical Institute, Local Government Units, academe, NGOs, and environmental offices.
  • Coordination with Protected Areas and Wildlife Bureau (PAWB) for monitoring.
  • Endorsement package includes technical/environmental work programs and maps.

Government and Committee Management

  • Oversight Committee tasked with administration and monitoring.
  • NRDC and MGB/DENR to formalize operational fund management within 30 days.

Intellectual Property and Confidentiality

  • Intellectual property rights from media documentation belong to the Government.
  • Confidentiality of applications and data is maintained for up to two years after permit expiration.

Rehabilitation Obligations

  • Disturbed areas must be rehabilitated per approved Environmental Compliance Certificate and permit conditions.
  • Rehabilitation fees and bonds used for area rehabilitation; may include adjacent area repairs.

Permit Terms and Conditions

  • Maximum term of 1 year, renewable once for the same duration.
  • Permits are exclusive, non-transferable except by legal succession for unexpired portion.
  • Permit areas subject to inspection by RCC/PAMB.
  • Boundaries must be clearly marked.
  • Activities must commence within 3 months of permit issuance or permit is cancelled.
  • Quarterly reports detailing progress and rehabilitation due within 10 days after each quarter.
  • Immediate written notification to DENR/MGB within 24 hours upon discovery of valuable items; failure to notify renders collection illegal.
  • Permit holder responsible and liable for damages caused by their operations.

Termination and Cancellation of Permits

  • Grounds include non-compliance with permit terms, violation of RA 9072 and environmental laws, or national interest as determined by DENR Secretary.
  • Bonds accrue to NRDC for rehabilitation in case of violation.

Permit Renewal Conditions

  • Payment of Php 10,000 application fee.
  • Submission of revised work programs and performance certifications.
  • Updated area clearances and proof of financial capability.
  • Payment of required bond.

Penal Provisions

  • Strict observance of penalty provisions under Section 7 of Republic Act 9072 applies to activities under this Order.

Repealing, Separability and Effectivity Clauses

  • This Order supersedes inconsistent previous issuances.
  • Invalid provisions do not affect remainder of the Order.
  • Effectivity 15 days after publication and acknowledgement by 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.

About Privacy Terms