Location Plan and Site Specifications
- Application must be accompanied by a vicinity/location plan certified by a licensed Geodetic Engineer or Surveyor.
- The exact site must be delineated and should not exceed one hectare on land or 200,000 square meters in water bodies.
- The plan must show boundaries of affected parcels, existing improvements, and significant landmarks.
Evaluation, Approval, and Bond Requirement
- The Legal Office evaluates applications and recommends approval or disapproval to the President.
- Favorable recommendations specify the amount of a restoration bond required from the applicant.
- Upon presidential approval, the applicant must execute a Contract to Locate and Excavate with the government’s authorized signatory.
- The bond secures the restoration of the excavation site.
Permit Validity and Bond Source
- Permit validity is limited to three months but may be extended for another three months for valid reasons.
- Bonds must be obtained from the Government Service Insurance System (GSIS) or from reputable bondsmen if GSIS cannot provide.
Confidentiality and Monitoring
- Information disclosed in the application is confidential for security purposes.
- The Legal Office monitors authorized excavations and submits monthly progress reports to the President.
- The National Intelligence Coordinating Agency surveils unauthorized treasure hunting activities and reports monthly to the President.
Contractual Provisions and Site Usage
- The Contract to Locate and Excavate applies exclusively to government property or public domain sites.
- The government may delimit the excavation area at any time.
- Permission excludes government buildings, dams, military facilities, and sacred sites unless specifically permitted.
- A committee composed of a Presidential Security Group representative, an appointee of the applicant, and a Filipino chairman oversees operations.
Committee Duties
- Oversee excavation activities and ensure compliance.
- Be present during operations.
- Inventory and secure any recovered valuables.
- Arrange safekeeping and transport of findings to the Central Bank when requested.
- Evaluate and appraise recovered items with assistance from experts; the appraisal is final and binding.
Disposition of Recovered Treasures
- Part of the treasure is sold to cover safekeeping charges and compensations for committee members and experts.
- Remaining treasure is divided equally between the government and applicant.
- If treasure is identified as spoils of war or booty from the Japanese Imperial Forces, the government receives 75%, and the applicant 25%.
- Items of historical, cultural, or artistic value may be acquired by the government at appraised value.
- Applicant shares in gold finds are subject to Republic Act No. 265, amended, and Central Bank regulations.
Third-Party Claims
- If a third party successfully claims ownership of any recovered item, losses shall be shared between government and applicant in the agreed proportions.
Operational Oversight and Reporting
- The committee inspects progress from commencement until the treasure is found or operations cease.
- The committee submits periodic reports to the government.
Compliance and Environmental Protection
- Applicant guarantees compliance with all applicable laws and assures no environmental damage or interference with local livelihoods.
- Any damage to government property during operations must be restored by the applicant without demand.
- A bond secures faithful restoration and repair obligations.
- Government may withhold the applicant’s share of treasure until restoration is complete.
Labor Law Compliance
- Applicants must comply with labor laws, ensure proper compensation, and insurance for workers and experts.
- GOP is not liable for claims between applicant and workers.
- Compliance is reported in periodic operational reports.
Contract Duration and Extension
- Contract duration is three months, subject to extension for another three months at the government's sole discretion for valid reasons.
Non-Exclusivity and Assignment
- The government may contract with others for similar excavation activities on the site unless the applicant has commenced operations.
- Rights and obligations under the contract are personal and cannot be assigned or delegated to third parties.
Government’s Right to Cancel
- The government reserves the right to unilaterally cancel the contract if public or national interests are imperiled.
- Cancellation is effective upon written notice, with no liability for damages.
Severability
- Invalidity of any contract provision does not affect the validity and enforceability of remaining provisions.
Other Provisions
- Additional conditions may be incorporated as agreed between parties.
This comprehensive outline captures all essential aspects of the procedural, legal, and operational framework governing hidden treasure excavation permits and contracts as prescribed by the governing Presidential Decree and Memorandum Order.