Senai Difter of the so TWENTIETH CONGRESS OF THE ) REPUBLIC OF THE PHILIPPINES ) First Regular Session ) 26 FEB 23 A10:40 SENATE RECEIVED BY: 1878 S. No. - Introduced by Senator Bam Aquino AN ACT AMENDING REPUBLIC ACT NO. 10066, OTHERWISE KNOWN AS THE "NATIONAL CULTURAL HERITAGE ACT OF 2009," AND REPEALING PRESIDENTIAL DECREE NO. 1726-A, PROVIDING GUIDELINES ON TREASURE HUNTING EXPLANATORY NOTE 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 cultural, 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, which collectively affirm that archaeological and cultural properties form part of the country's national heritage 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 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. As Philippine archaeologists Tantuico and Orillaneda note, 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 unauthorized 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. 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 bolster 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. In so doing, the Philippines will align with international best practices to bring its cultural heritage protection standards at par with the global community. In view of the foregoing, the passage of this bill is earnestly sought. Bam Quiver
TWENTIETH CONGRESS OF THE ) Come of the saug REPUBLIC OF THE PHILIPPINES First Regular Session 26 FEB 23 A10:40 SENATE 1878 S. No. Introduced by Senator Bam Aquino AN ACT AMENDING REPUBLIC ACT NO. 10066, OTHERWISE KNOWN AS THE "NATIONAL CULTURAL HERITAGE ACT OF 2009, "AND REPEALING PRESIDENTIAL DECREE NO. 1726-A, PROVIDING GUIDELINES ON TREASURE HUNTING Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
Section 1. Section 30 of Republic Act No. 10066, otherwise known as the
"National Cultural Heritage Act of 2009," as amended, is hereby further amended to read as follows: Section 30. Anthropological Research and Archaeological Exploration/Excavation. - (a) The National Museum, with respect to cultural/ archaeological/anthropological matters, and the National Historical Institute, with respect to historical anthropological matters, shall regulate and control all anthropological research conducted by foreigners; and all archaeological excavation or exploration. Pursuant to the foregoing, the National Museum or the National Historical Institute shall deputize other agencies to protect archaeological and anthropological sites. It shall be guided by the following rules: (1) All cultural properties found in terrestrial and/or underwater archaeological sites belong to the State; xXX
(5) NO EXCAVATION OR DIGGINGS SHALL BE PERMITTED, ON LAND AND UNDERWATER, WITHOUT THE SUPERVISION OF A CERTIFIED ARCHAEOLOGIST. All explorations and excavations undertaken, wherein the caves, rock shelters and their vicinities may have been used in the prehistoric past by man either for habitation, religious and/or sacred and burial purposes all over the country, shall be under the direct jurisdiction and supervision of archaeologists and/or other experts of the National Museum; XXX (8) 4All treasure hunting permits and licenses shall be issued by the National Museum, which shall formulate the rules and regulations to adequately control, regulate and monitor all applicants for such undertakings;] and (9) The provisions of this Act on explorations and excavations of terrestrial and underwater archaeological sites shall supersede all local, municipal, regional and autonomous regional governments' resolutions and ordinances. XXX (b) When the presence of any cultural or historical property is discovered, the National Museum or the National Historical Institute shall immediately suspend all activities that will affect the site and shall immediately notify the local government unit having jurisdiction of the place where the discovery was made. The local government shall promptly adopt measures to protect and safeguard the integrity of the cultural property so discovered and, within five (5) days from the discovery, shall report the same to the appropriate agency. The suspension of these activities shall be lifted only upon the written authority of the National Museum or the National Historical Institute and only after the systematic recovery of the archaeological materials. XXX (c) The Commission, upon the recommendation of the appropriate cultural agency, shall provide incentives for persons who discover and report heretofore unknown archaeological sites, in accordance with its rules and regulations implementing the provisions of this Act. XXX
(d) Any government or nongovernment infrastructure project or architectural site development shall include anthropological, archaeological and historical and heritage site conservation concerns in their Environmental Impact Assessment System. (E) THE COMMISSION SHALL DEVELOP THE NECESSARY RULES AND REGULATIONS TO GOVERN ALL ARCHAEOLOGICAL ACTIVITIES IN THE COUNTRY, BOTH ON LAND AND UNDERWATER, INCLUDING EXPLORATION, EXCAVATION, OR UNDERTAKING DIGGINGS FOR THE PURPOSE OF OBTAINING MATERIALS OF CULTURAL VALUE, CONSISTENT WITH THE ABOVE PROVISIONS.
Sec. 2. Implementing Rules and Regulations. - Within six (6) months from the
effectivity of this Act, the Commission shall amend the 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 19 cultural heritage.
Sec. 3. 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.
Sec. 4. Repealing Clause. - Presidential Decree No. 1726-A, otherwise known
as "Providing Guidelines on Treasure Hunting," and all other laws, decrees, executive orders, rules and regulations, or parts thereof inconsistent with this Act are hereby repealed or modified accordingly.
Sec. 5. 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,