santate TWENTIETH CONGRESS OF THE ) Offer of tor Barrig REPUBLIC OF THE PHILIPPINES First Regular Session 26 FEB 12 P3:15 SENATE RECEIVED E S. No. 1860 AN ACT REPEALING PRESIDENTIAL DECREE NO. 1726-A, OTHERWISE KNOWN AS "PROVIDING GUIDELINES ON TREASURE HUNTING" AND FURTHER AMENDING REPUBLIC ACT NO. 10066, OTHERWISE KNOWN AS THE "NATIONAL CULTURAL HERITAGE ACT OF 2009," AS AMENDED BY REPUBLIC ACT NOS. 11333 AND 11961 EXPLANATORY NOTE Introduced by Senator Loren Legarda The Philippines, as a State Party to both the 1972 UNESCO World Heritage Convention and the 2003 UNESCO Convention on Safeguarding Intangible Heritage, has undertaken a binding commitment to protect, conserve, and transmit to future generations its cuitural, natural and intangible heritage of Outstanding Universal Value. This obligation is reinforced by domestic laws such as Republic Act No. 4846 (Cultural Properties Preservation and Protection Act), Republic Act No. 8492 (National Museum Act), and Republic Act No. 10066 (National Cultural Heritage Act of 2009), as amended by Republic Act Nos. 11333 and 11961, which collectively affirm that archaeological and cultural properties form part of the country's national patrimony and must be safeguarded for public benefit. Despite these commitments, the Philippines continues to operate a treasure hunting permit system, first introduced under Presidential Decree No. 1726-A during Martial Law and later retained in the National Cultural Heritage Act. This system legalizes the excavation and removal of so-called "hidden treasures," often for private gain, and has led to the unsystematic disturbance and irreversible destruction of archaeological sites across the country, undermining scientific research and public
stewardship.- In the past, the treasure hunting permit system has been a source of controversy and potential corruption. In 2019, two executives from the National Museum of the Philippines were arrested for allegedly soliciting P120,000 in exchange for a treasure hunting permit. This incident highlights the vulnerabilities in the current system, where unclear requirements and discretionary powers can lead to unethical practices.? As Philippine archaeologists Tantuico and Orillaneda narrate, the treasure hunting framework has, for decades, placed government agencies in the position of regulating what is effectively the commercial exploitation of cultural heritage.? While recent guidelines have nominally restricted treasure hunting in declared archaeological zones, the system has historically facilitated the illicit trade and even the overseas smuggling of culturally significant artefacts, as seen in the unauthorised export of thousands of objects from Philippine shipwrecks in the early 2000s. International scholars have echoed these concerns. Lowther et al. note that Tantuico and Orillaneda's work highlights "the loss of cultural artefacts taken from wrecks in the Philippines by highlighting potential discrepancies and misunderstandings in respect of treasure hunting permits ... [and that] treasure hunting under the guise of legitimate archaeological investigation and recovery has tested the legislative response".* This international acknowledgment underscores that the issue is not merely domestic in scope but a matter of global concern for cultural heritage governance. The treasure hunting permit system is fundamentally incompatible with both ' Estrella, Victor, 2018. "Ilicit trade in gold cultural materials in Butuan, Philippines." Kasarinlan: Philippine Journal of Third World Studies 33 (2) 1-34. 2 Cruz, lan. 2019. "Nat? Museum execs nabbed for allegedly asking P120k for treasure hunt permit" https://www.gmanetwork.com/news/topstories/nation/705069/nat-l-museum-execs-nabbed-for- allegedly-asking-p120k-for-treasure-hunt-permit/story/ 3 Tantuico, Kathleen D. and Bobby C. Orillaneda. 2025. "Philippines," in The Protection of the Underwater Cultural Heritage: National Approaches and Perspectives, 3rd ed. (Leiden / Boston: Brill | Nighoff), 389-412 *Jason Lowther et al., Introduction to The Protection of the Underwater Cultural Heritage: National Approaches and Perspectives, 3rd ed. (Leiden / Boston: Brill | Nijhoff, 2025)
the 1972 and 2003 UNESCO Conventions, which obliges State Parties to protect the integrity of heritage sites and to prevent their commercial exploitation to ensure transmission from generation to generation. It also undermines the purpose and spirit of the National Cultural Heritage Act and related statutes, which vest ownership of archaeological resources in the State and prioritise their scientific study and preservation for the benefit of the public. By repealing the treasure hunting law, this measure seeks to harmonize Philippine legislation with international obligations and best practices, ensuring that cultural heritage is safeguarded as a non-renewable public resource, protected from commercial exploitation, and responsibly transmitted to future generations. Repealing this law will not only boister the Philippines' legal framework for the protection of cultural heritage, but will also streamline it with other UNESCO Conventions, such as the 1970 UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property, and the 2001 UNESCO Convention on the Protection of the Underwater Cultural Heritage, to which the Philippines is not yet a State Party. In so doing, the Philippines will align with international best practices to bring its cultural heritage protection standards at par with the global community. LOREN LEGARDA
Senate Bitute of tie fart etary TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES 26 FEB 12 P3:: First Regular Session ) RECEIVED BY SENATE S. No. 1860 Introduced by Senator Loren Legarda AN ACT REPEALING PRESIDENTIAL DECREE NO. 1726-A, OTHERWISE KNOWN AS "PROVIDING GUIDELINES ON TREASURE HUNTING" AND FURTHER AMENDING REPUBLIC ACT NO. 10066, OTHERWISE KNOWN AS THE "NATIONAL CULTURAL HERITAGE ACT OF 2009," AS AMENDED BY REPUBLIC ACT NOS. 11333 AND 11961 Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
Section 1. Repeal. - Presidential Decree No. 1726-A, otherwise known as
"Providing Guidelines on Treasure Hunting," and all other laws, decrees, executive 3 orders, rules, and regulations or parts thereof that are inconsistent with the provisions 4 of this Act are hereby repealed.
Section 2. Amendment of Republic Act No. 10066, as amended. -
(a) Section 30, paragraph (8) of Republic Act No. 10066, as amended by 7 Republic Act No. 11333 and Republic Act No. 11961, otherwise known as the "National 8 Cultural Heritage Act of 2009," is hereby deleted. (b) All references to the "National Museum" in Section 30 of Republic Act No. 10066, as amended, with respect to regulatory functions, are hereby amended to read as "National Commission for Culture and the Arts (Commission)," consistent with the transfer mandated by Republic Act No. 11333.
Section 3. Formulation of Rules and Regulations. - The National Commission for
14 Culture and the Arts shall develop the necessary rules and regulations to govern all
1 archaeological activities in the country, both on land and underwater, including 2 exploration, excavation, or undertaking diggings for the purpose of obtaining materials 3 of cultural value, consistent with Section 30 of Republic Act No. 10066, as amended 4 by Republic Act Nos. 11333 and 11961. No excavation or diggings shall be permitted, on land and underwater, without the supervision of a certified archaeologist. Within six (6) months from the effectivity of this Act, the NCCA shall amend the 7 Implementing Rules and Regulations (IRR) of Republic Act No. 10066, otherwise known as the "National Cultural Heritage Act of 2009," to fully implement the provisions of this Act, including the deletion of the treasure hunting permit system and related regulations, and to ensure the protection, preservation, and responsible management of the country's cultural heritage."
Section 4. Separability Clause. - If any provision of this Act is declared invalid
or unconstitutional, the remainder of this Act not affected thereby shall remain in full force and effect.
Section 5. Repealing Clause. - All laws, decrees, executive orders, rules and
regulations, or parts thereof inconsistent with this Act are hereby repealed or modified accordingly.
Section 6. Effectivity. - This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in at least two (2) newspapers of general circulation. Approved,