Previous Legal Framework and Context
- Under Book IV, Title XIV, Chapter 1, Section 4(8) of the 1987 Administrative Code, DENR was given the function to issue licenses for treasure-hunting and related activities.
- Before the 1987 Administrative Code took effect on November 23, 1989, the Office of the President issued treasure-hunting permits pursuant to Presidential Decree No. 1726-A.
Legal Basis for Transfer
- The function was deemed improperly vested in DENR because hidden treasures are not considered natural resources.
- The President is authorized by Book III, Title III, Chapter 10, Section 31(2) of the Administrative Code of 1987 to transfer functions from the Office of the President to any executive department and vice-versa.
Scope of the Transfer
- The transfer covers all treasure-hunting licenses or permits over lands of the public domain, lands belonging to the National Government, government-owned and controlled corporations, and local government units.
Effective Date
- The Executive Order takes effect immediately upon issuance.
Purpose and Policy Considerations
- The transfer aims to realign the administration of treasure-hunting permits with the proper legal classification of hidden treasures distinct from natural resources.
- It ensures regulatory consistency and proper exercise of government powers over treasure-hunting activities.