Law Summary
Scope and Coverage
- Governs permits for treasure hunting on government or private land.
- Covers shipwreck/sunken vessel recovery activities.
- Includes disposition, transport, and sale of hoarded hidden treasures like "Yamashita Treasures."
- Excludes permits for cultural, historical, or archaeological materials governed by Republic Act No. 8492 (National Museum Act of 1998).
Objectives
- Rationalize evaluation system for treasure hunting and shipwreck recovery permits.
- Provide guidelines for treasure hunting and shipwreck recovery to protect Government interests and preserve cultural heritage.
Definition of Terms
- Defines key terms such as Area Clearance, Artifacts, Bureau (Mines and Geosciences Bureau), Department (DENR), Digging, Director (MGB Director), Environmental Compliance Certificate, Environmental Impact Assessment, Hidden Treasure, Initial Environmental Examination, Permit, Permit Holder, Private Land, Relics, Secretary (DENR Secretary), Shipwreck, Shipwreck Recovery, Technical and Environmental Work Programs, Treasure Hunting, and Site.
Qualifications of Applicants
- Individuals must be Filipino citizens, of legal age, and capable to contract.
- Partnerships, associations, or corporations must be duly registered, organized for treasure hunting or shipwreck recovery, and have technical and financial capacity.
Filing of Application
- Applications made under oath, filed with the Mines and Geosciences Bureau.
- Payment of a non-refundable application fee of Php 10,000.
Requirements
- Legal and Administrative: Personal/corporate info, SEC registration, Articles of Incorporation, consent from affected landowners or government entities, area clearance, joint venture agreements, and indigenous community consent.
- Technical: Site description not exceeding one hectare on land or 20 hectares on water (with exceptions), technical and environmental work programs, Environmental Compliance Certificate (if applicable), and CV of technical personnel.
- Financial: Latest tax returns, audited financial statements, proof of funding.
Evaluation and Approval
- Evaluation by Technical Review Committee appointed by MGB Director within 30 working days.
- Committee conducts area plotting, application review, surety bond determination, monitoring, recommendations, and progress reporting.
- Possible field verification with a Php 2,000/day fee.
- Director endorses results to DENR Secretary for approval.
Posting of Bond and Releasing of Permit
- Surety bond required before permit release to cover potential damages.
- Bond posted through GSIS or reputable bonding company.
Term of the Permit
- One-year term, renewable once for another year.
- For shipwreck recovery with over 20 hectares, permit valid for two years (first year exploration, second year recovery).
Terms and Conditions of the Permit
- Permit exclusive and non-transferable.
- Permit area subject to inspection by DENR and other agencies.
- Boundaries to be marked (for shipwreck areas).
- Activities to commence within three months of issuance.
- No destruction of buildings/structures without consent.
- Quarterly activity reports required.
- Immediate notification upon discovery of valuable items.
- Permit holder liable for damages.
- Permit may be suspended or revoked for non-compliance or public interest.
- Compliance with laws and additional terms mandatory.
- Withdrawal does not relieve obligations.
Valuation and Disposition of Recovered Treasures
- National Museum to determine cultural/historical value.
- Treasures of cultural/historical value turned over to National Museum.
- Others turned over to Oversight Committee for valuation and disposition.
- Export only with National Heritage Commission approval.
Oversight Committee
- Created within 30 days to oversee recovery operations and manage recovered valuables.
- Chaired by DENR Secretary or representative.
- Members include technical personnel from MGB, National Museum, Central Bank, Permit Holder, and Philippine Coast Guard (for shipwreck cases).
Sharing of Proceeds
- Treasure hunting on public land: 75% Government, 25% Permit Holder.
- Treasure hunting on private land: sharing agreed among Government, Permit Holder, and landowner.
- Shipwreck recovery: 50% Government, 50% Permit Holder.
Government Rights
- Intellectual property from documentation or recording of activities belongs to the Government.
- Uses governed by applicable laws.
Confidentiality
- Application data and submitted information treated confidential for two years after permit expiration.
Penal Provisions
- Violations penalized in accordance with existing laws and regulations.
Transitory and Miscellaneous Provisions
- Existing permits issued by Office of the President and Secretary remain valid.
- Pending applications endorsed to MGB for processing.
Separability Clause
- If any provision declared unconstitutional or invalid, other provisions remain effective.
Repealing and Amending Clause
- This Order amends or revokes inconsistent prior rules and regulations.
Effectivity
- Takes effect 15 days after publication in a newspaper of general circulation and 15 days after registration with the National Administrative Register.