FOIJRTEENTH CONGRESS OF THE 
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HEPUBLlC OF THE PHILIPPINES 
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Second Regular Session 
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SENATE 
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l I l t l o t l I I C C d  by Setlator “uitonio %mii)” 
I;. ‘Trillnnes I\’ 
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EXPLANATORY NOTE 
Underwater cultural heritage is an integral part of the Filipinos’ national pride. It is particularly 
an important element in our history and our relationship with other countries as well. 
Expeits, however, calculate that indiscriminate diggings and underwater explorations have 
exposed our cultural and historical sites to desecration and our priceless cultural artifacts to 
destruction. 
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This bill, therefore, seeks to protect and conserve future underwater archeological discoveries by 
providing a statutory mechanism for a permit system on underwater exploration and excavation 
and assigning the National Museum as the lead agency in implementing the provisions of this 
Act. 
Some salient features of this bill are as follows: 
1. The Director of the National Musewn shall be given powers to implement guidelines 
and issue permits to explore or excavate any underwater site for protected underwater 
cultural properties in Philippine Waters. 
2. It outlaws diving, marking use of explosives other than shaped charges, and use of a 
pressure air hose, water hose or vacuum hose within a protected zone or a non protected- 
zone to recover objects of underwater cultural heritage. 
3. Any person who discovers, by chance, any object of underwater cultural heritage is 
obliged to report hisiher find to the National Museum or any of its branches within seven 
days from knowledge of its potential scientific, culture, archaeological, paleontological or 
historical value. 
In view of the foregoing, approval of this bill is strongly recommended. 
A gy-$-jL 
0 10 ‘‘SONNY’ . TRTLLANES PV 
Senator 
UNESCO. Nov. 2001. Protection of Underwater CulturalHeritage. Retrieved on 12 June2008 from 
http://u nesdoc.unesco.org/images/0013/001330/133089e.pdf 
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FOURTEENTH CONGRESS OF THE 
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REPUBLIC OF THE PHILIPPINES 
1 
Second Regtibar Session 
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8 SCIJ -4 
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SENATE 
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S. NO. 
Introduced by Senator Antonio ‘LSonny” F. Trillmes IV 
AN ACT 
PROVIDING FOR THE PROTECTION AND CONSERVATION OF ALL OBJECTS 
UNDERWATER CULTURAL HERITAGE IN PWIPPINE WATERS 
Be if enacted by the Senate and House of Representatives of the Philippmes IFZ Congress 
nsseinbled: 
SECTION 1. Short Title. - This Act may be cited as the “Protection of Underwater 
Cullurul Heritnge Act of 2008.” 
SEC. 2. DecIaration of Policy. - It is hereby declared to be the policy of the State to 
protect and preserve underwater archaeology, exploration and excavation, the description of 
items to be protected, the prohibition of certain activities in the vicinity of a protected itemkite, 
the establishment of a reward system for verified reports and the imposition of sanctionipenalties 
for violations. 
SEC. 3. Definition of Term. - In this Act, unless the contrary intention appears, 
a) Philippine water means all around, between and connecting the islands of the 
Philippine archipelago and the territorial sea extend up to twenty-four (24) nautical miles 
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submerged site archaeology; 
measured from the straight baselines in accordance to Republic Act No. 3046 as amended by 
Republic Act No. 5446 (1961); 
b) Sea includes any waters within the ebb and flow of the tide; 
c) Ship includes any vessel used in navigation by water; 
d) Underwater archaeology includes not only maritime archaeology but also riverine and 
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e) Cultural Treasure includes any money, coin, gold, silver bullion, jewelry, precious 
stones and metals and other raw precious objects which are unworked found or hidden in, or in 
anything affixed to, the soil or the bed of a river or of the sea or other bodies of water hut shall 
not include any rare and unique item or any object which is at least one hundred (100) years old 
or more declared a national cultural treasure or important cultural properly; 
f ) Objects of underwater cultural heritage, both movable and iminovable includes all 
shipwrecks, sunken vessels at least 100 years old and all things therein, hulls and underwater 
archaeological artifacts; places of ancient settlement or where there are vestiges of an ancient 
civilization; dockyards, piers, aqueducts, tanks, wells; monuments, fragment shards or original 
documents found under water dating from prehistoric times and any other object of scientific, 
cultural, religious, archaeological, anthropological or paleontological interest to the Philippines; 
g) Collector is any person or institution who acquires cultural treasure for purposes other 
than sale; 
h) Dealers are persons or enterprises who acquire cultural treasure for the purpose of 
engaging in the acquisition and resale of the same; and 
i) Exporters are dealers who engage in the business of exporting cultural treasure. 
SEC. 4. National Museum as Lead Agency. - The National Museum, hereinafter referred 
to as the Museum shall be the lead agency of the government which shall implement the 
provisions of this Act. 
SEC. 5. Declaratiun and Register of Protected Sites. - The Archaeology Division of the 
National Museum shall undertake an intensive archival and historical research study to pinpoint 
sites of important shipwrecks and other significant underwater archaeological sites within five 
(5) years from the approval of this Act. Thereafter, the National Museum shall keep an up-to- 
date register of' protected underwater archaeological sites and shipwrecks. 
The Director of the National Museum shall by notice published in the Official Gazette or 
any newspaper of general circulation, declare an area (not exceeding 100 hectares) consisting of 
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sea or partly of sea and partly of land within which archaeological sites, shipwrecks or any object 
o f  underwater cultural heritage are situated to be a protected zone andor restricted area. 
SEC. 6. Ownership of Cultural Qbjects. - Upon approval o f  this Act, ownership of all 
objects of underwater cultural heritage found in territorial waters, regardless of origin, is vested 
directly in the State. 
It shall be unlawful to destroy, demolish, mutilate or damage any object of underwater 
cultural heritage. No person shall remove from or alter the site of any object o f  underwater 
cultural heritage within a protected zone. 
SEC. 7. Dealing or Possessing a Purzislrable Act. - The act of dealing in or possessing 
any object of underwater cultural heritage, any part thereof, or associated object in the vicinity 
thereof unless authorized to be so by the National Museum is punishable by the penal provisions 
of this Act. 
SEC. 8. Other Prohibited Acts. - Diving, marking, use of explosives other than shaped 
charges, use of a pressure air hose, water hose or vacuum hose within a protected zone or a non- 
protected zone to recover objects of underwater cultural heritage is strictly prohibited. 
SEC. 9. Reporfing. - Any person who discovers, by chance, any object of underwater 
cultural heritage is obliged to report hisher find to the National Museum or any of its branches 
within seven (7) days from knowledge of its potential scientific, cultural, archaeological, 
paleontological or historical value. Any person who becomes aware of the find is also required to 
notify the nearest National Museum branch or representative within seven (7) days after 
constructive or direct knowledge. A government or public officer has the special duty to pass any 
information regarding discovery and chance finds of objects of underwater cultural heritage to 
the nearest National Museum branch or representatives. Failure to reportliiotify within the 
designated period shall be penalized by the appropriate provisions of this Act. 
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SEC. 10. Special Decorative. - A special decoration for persons who have contributed to 
the preservation of objects of underwater cultural heritage or who have rendered important 
services in the protection of the same shall be given by the Office of the President, upon 
recommendation by the Director of the National Museum and the Undersecretary for Culture. 
SEC. 11. Finders’ Reward. Finders who have dutifully notified the National Museum 
of their discovery and chance finds shall be given a finder’s reward equivalent to at least fifteen 
percent (15%) of the value of the property and be given recognition by name in a museum 
display or publication. 
A finder who has the right qualification to work a site shall be given a right or priority 
among applicants for permits to explore or excavate. 
SEC. 12. Permits to ExplordExcnvate. - It shall be unlawful to dive, explore, survey, 
excavate in Philippine waters for the purpose of obtaining materials of cultural or historical value 
without the prior written authority from the Director of the National Museum. 
The Director of the National Museum shall promulgate rules and guidelines for the grant 
of perinits/licenses to explore or excavate any underwater site for protected underwater cultural 
properties in Philippine waters subject to the provisions of this Act. Such rules and regulations 
shall be published in a newspaper of general circulation and shall be approved by the Secretary 
of Department of Education. 
SEC. 13. Who May Be Granted Permits. - Only duly accredited scientific and education 
institutions, duly registered non-stock and non-profit corporate entities or organizations in the 
field of undenvater archaeology, government agencies or instrumentalities with proven ability to 
conduct underwater archaeological work, foreign institutions in the field of underwater 
archaeology registered with the SEC and allowed to do business in the Philippines and 
individuals and juridical person under sponsorship by a scientific or educational institution may 
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excavate. 
be granted by a scientific or educational institution may be granted permits to explore or 
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SEC. 14. Formal Application. - A formal letter of application for a permit to explore or 
excavate shall be addressed to the Director of the National Museum. It shall contain the name of 
the proponents, the cooperating agencies, summary of the project, its objectives, significance and 
the procedure to be followed, a timetable, a list of foreign personnel with proper Philippine visa 
and historical and archival documentation. It must be accompanied by financial statements, 
evidences of competence and experience in the field of underwater archaeological and a listing 
of capital investments in terms o f  equipment and facilities. The applicant shall file a cash 
performance bond in an amount not less than Two hundred thousand pesos (P200,OOO.OO) which 
is refundable subject to limitations upon completion or cessation of the project. 
SEC. 15. Procedures. - The National Museum's underwater archaeological procedures 
shall be followed throughout the extent and effectivity of the project. 
No exploration or excavation may commence until the written permit is issued and the 
applicant has signed his conformity with the corresponding rules and regulations. 
Activities during the exploration of underwater archaeological sites are limited to the 
assessment of the potential(s) of the sites for future, archaeological excavation. During the 
exploration only samples of small finds and diagnostic materials enough to help in the 
identification and dating of the site may be taken. These materials shall belong 20 the National 
Museum. 
Underwater archaeological excavations are to be undertaken following internationally 
accepted methods and iechniques. There shall be a general mapping of the site prior to the 
excavation where and when feasible. The permittee shall keep a daily inventory and listing of 
archaeological materials recovered and a daily log book to record daily activities including the 
detailed description the permittee shall undertake a three-dimensional recording of 
archaeological materials to show spatial relationship with other materials and environmental 
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features. The permittee must be committed to implement adequate recovery procedures to 
minimize archaeologically induced damage specifically to fragile and small materials and 
arrange for the conservation of all materials both at the site and the laboratory. A preliminary 
report, status and final report of the activities and results of the excavations shall be submitted to 
the National Museum. 
SEC. 16. Presence of Nationnl Museum Representative. - Underwater archaeological 
work, both exploratory and actual excavations, shall be carried out only in the presence of 
National Museum representative(s). 
Actual coinmenceinent of the work shall be subject to the availability of a National 
Museum representative. 
The permittee shall underwite the cost of transportation, life and medical insurance, per 
diems and allowances of the Museum representative to the site to expedite continuous operations 
of the project. 
The permittee shall likewise provide the Museum representative with full scuba and 
excavation equipment to be used for the underwater archaeological operation. 
SEC. 17. Right of Revocation. - The National Museum has the full right to revoke the 
permit issued to the applicant for cause such as but not limited to ,a violation or inability of the 
perinittee to comply with the terms and conditions of the permit or any part thereof, deliberate 
act(s) of concealing any item or object recovered from the site or any part thereof with the 
intention of defrauding the National Museum, allowing the possession, traffic or use of 
prohibited drugs during the diving operations illegal possession of firearms and aminuIiitions. 
SEC. 18. Other Explosives Proltibited, - The use of other explosives other than shaped 
charges that will not harm the environment is strictly prohibited. The use of shaped charges must 
be with prior clearaiice from the National Museum representative and the Armed Forces of the 
Philippines. 
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SEC. 19. Subcontracting Prohibited. - Subcontracting of underwater archaeological 
work or third party arrangements i s  not permitted. Permits are non- transferable and non- 
assignable. 
SEC. 20. Period qf Exploration. - Exploration pennits are limited to a period of six (6) 
months per perinit, but renewable for another six (6) months for just reasons. An applicant can 
only have two exploration permits at any one time. The cast perfonnance bond for an exploration 
perinit for one site is Two Hundred Thousand Pesos (P200,OOO.OO). 
SEC. 21. Period of Excnvation. - Applications for pennits excavate must specify the 
map coordinates of the specific site to the nearest degree. A site must be described in full detail 
to establish identify. 
Excavation pei-inits are limited to a period of one (1) year and renewable for another year. 
In areas unaffected by seasonable climatological variations only one excavation perinit may be 
granted at any one time. In affected areas, two excavation pennits may be granted, the applicant 
working alternately between the sites as the weather condition permits. 
The cash performance bond for an exploration pennit is extended into the excavation 
phase if an excavation permit is granted. 
SEC. 22. Study of Objects/Report. - A completed documentation and scientific study of 
objects recovered from the site collectively must be undertaken before the same are dispersed. 
A report on the project shall be submitted to the National Museum before any division of 
the recovered materials, objects or item is allowed. 
SEC. 23. DisyositiodDivision of Recovered Objects. - All rare and unique items (RUIs) 
automatically belong to the National Museum. Any recovered object which i s  declared to be a 
national cultural treasure or an important cultural property also belongs to the National Museum. 
If a cultural treasure, as defined in this Act, is discovered or recovered during the 
exploration or excavation, the permittee must notify the National Museum Director within 24 
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hours. The permittee may underwrite the cost of the guards and other security measures. The 
Director of the National Museum shall request the Philippine Navy, through the Office of the 
President, for assistance in securing the site and the project’s personnel. 
All cultural treasures except the RUI’s shall be divided on a 50-50 basis. In case there are 
several RUI’s as determined by both parties, then, all cultural treasures shall be divided on a 50- 
50 basis, in favor of the permittee. 
SEC. 24. Cost of Convention. - The material cost of the total conservation of the 
recovered cultural properties shall be borne by the permittee regardless of the termination date of 
the permit. The technical expertise in the conservation of the materials may be provided by the 
National Museum 
SEC. 25. Construction or Mining Halted. - Underwater construction work or mining 
shall be halted wherever a find is made so that rescue technology can take place. 
Mining or construction in or near a declared protected zoneirestricted area shall not 
commence without prior consultation with the Director of the National Museum. 
SEC. 26. Cooperation witlz Diving Clubs. - The Philippine Commission on Sports 
Scuba-Diving (PCSSD) and local diving clubs shall submit a list of their divers-members to the 
National Museum. The Philippine Tourisin Authority, together with representatives of the 
National Museum, shall conduct education campaigns and information derives about Ihe 
Philippine underwater cultural heritage to tourist-divers and local diver’s clubs. 
SEC. 27. Penal Provisions. - Any violation of the provision of this Act shall, upon 
conviction, subject the offender to a fine of not less than One hundred thousand pesos 
(Pl00,000.00) or imprisonment for a term’of not less than ten (10) years or both upon the 
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discretion of the Court: Provided, That any watercraft, equipment, tools, paraphernalia, other 
instruments used for excavation and objects excavated in violation of this Act shall be summarily 
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confiscated and forfeited to the National Museum: Provided, furflzer, That if the violation is 
committed by a juridical person, the manager, representative, director agent or employee of said 
juridical person responsible for the act shall also be liable to the penalties provided herein 
Provided, ,fixally, That if the offender is an alien he shall be under the custody of the 
Commission on Immigration and Deportation for the appropriate proceedings. 
SEC. 28. Appropriation. - ‘The sum of Seven million pesos (P7,000,000.00) i s  hereby 
appropriated annually from the General Fund, not otherwise appropriated by law, to carry out the 
provision of this Act. 
SEC. 29. Repenliizg Clause. - Any provision of existing laws, rules, decrees and 
executive orders inconsistent with the provisions of this Act are hereby repealed and modified 
accordingly. 
SEC. 30. Separabili@ Clause. - Any portion or provision of this Act that may be 
declared unconstitutional shall not have the effect of nullifying other portions or provisions 
hereof as long as such remaining provisions can still subsist and be given effect. 
SEC. 31. Ej’ectivity 
Clause. - This Act shall take effect upon its approval and fifteen 
(15) days after its publication in the Official Gazette or a newspaper of general circulation. 
Approved, 
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