THIRTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
SENATE 
INTRODUCED BY HON. MANUEL B. VELAR, JR. 
EXPLANATORY NOTE 
This bill aims to protect and .preserve our underwater cultural heritage by providing for 
general requirements for underwater archaeology, exploration, and excavation. This measure also 
proposes the formulation of rules for the description of the items to be protected, prohibition of 
certain activities in the vicinity of a protected item or site, the establishment of a reward system 
for verified reports, and the imposition of sanction and penalties for the abuse of our underwater 
cultural heritage. 
The National Museum is the lead agency of the government tasked to implement the 
provisions of this Act. 
The Director of the National Museum is enjoined to promulgate rules and guidelines for 
the grant of permits and licenses to explore or excavate any underwater site for protected 
underwater cultural properties in Philippine waters. 
The bill prohibits diving, marking, use of explosives other than shaped charges, and use 
of a presswe air hose, water hose or vacuum hose within a protected zone or a non-protected 
zone to recover objects of underwater cultural heritage. 
The finder of any object of underwater cultural heritage is obliged to report his find to the 
National Museum or any of its branches within seven days from knowledge of its potential 
scientific, cultural, archaeological, paleontological or historical value. Any person aware of such 
find is also required to notify, the nearest National Museum branch or representative within 
seven days. 
These measures will provide sufficient safeguards in the protection and preservation of 
objects of underwater cultural heritage. 
For these reasons, the immediate approval of this bill is earnestly urged. 


THIRTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
SENATE 
S. No. 
INTRODUCED 
BY HON. MANUEL B. VELAR, JR. 
AN ACT PROVIDING FOR THE PROTECTION AND CONSERVATION OF ALL 
OBJECTS OF UNDERWATER CULTURAL HERITAGE IN PHILIPPINE WATERS 
Be it enacted by the Senate and House of Representatives of the Phil@pines in Congress 
assembled: 
SECTION 1. Short. Title. - This Act may be known and cited as the "Protection of 
Underwater Cultural Heritage Act of 2004." 
SEC. 2. Declaration of Policy. -- It is hereby declared the policy of the State to protect 
and preserve underwater archaeology, exploration and excavation. To this end, the State shall 
formulate rules for the description of items to be protected, the prohibition of certain activities in 
the vicinity of a protected item or site the establishment of a reward system for verified reports of 
underwater cultural discoveries and the imposition of sanction and penalties for violations of- 
underwater- cultural exploration and utilization. 
SEC. 3. Definition of Terms: - In this Act, unless the contrary intention appears, the 
following definitions shall apply: 
(a) "Philippine waters" shall include all waters around, between and connecting the islands 
of the Philippine archipelago with the territorial sea extending up to twenty four (24) nautical 
miles measured from the straight baselines in accordance with Republic Act No. 3046 as 
amended by Republic Act No. 5446 (1 96 1); 
(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 
submerged site archaeology; 
(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 but shall 
not include any rare and unique item or any object which is at least one hundred (100) years old 
or more and which is declared a national cultural treasure or important cultural property; 


(9 "Objects of underwater cultural heritage," both movable and immovable, include all 
shipwrecks, sunken vessels at least 100 years old and all things therein, lulls and underwater 
archaeological artifacts; places of an Tent settlements or vestiges of an ancient civilization; 
dockyards, piers, aqueducts, tanks, wells; monuments, fragments, 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 ac quires 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 treasures. 
SEC. 4. National' Museum as Lead Agency. - The National Museum, hereinafter 
referred to as the Museum shall be, the lead agency of the government to implement the 
provisions of this Act. 
SEC. 5. Declaration and Registration 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, may declare an area (not exceeding 100 hectares) 
comprising sea or partly of sea and partly of land (within which archaeological sites, shipwrecks 
or any object of underwater cultural heritage are situated) to be a protected zone and/or restricted 
area. 
SEC. 6. Ownership of Cultural Objects. - Upon approval of this Act, ownership of all 
objects of underwater cultural heritage found in territorial waters, regardless of origin, shall be 
vested with 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 of underwater 
cultural heritage within a protected zone. 
SEC. 7, Dealing or Possessing a Punishable Act. - The act of dealing in or possessing any 
object of underwater cultural heritage, any part thereof, or associated objects in the vicinity 
thereof unless authorized 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. Reporting. - Any person who discovers, by chance, any object of underwater 
cultural heritage is obliged to report hidher 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 thereof. 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 report or notify 
within the designated period shall be penalized by the appropriate provisions of this Act. 


SEC. 10. Special Decoration. - 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. 
SEC. 1 1. Finders' Reward. - Finders who have dutifully notified the National Museum of 
their discovery and chance finds shall be given a finders' reward equivalent to at least fifteen 
percent (1 5%) of the value of the property and shall be given recognition in a museum display or 
publication. 
A finder who is qualified to work a site shall have the right of first priority among 
applicants for permits to explore or excavate underwater sites. 
SEC. 12. Permits to Explore or Excavate. - It shall be unlawful to dive, explore, survey, 
or-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 
permits or 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 President of 
the Philippines. 
SEC. 13. Who May Be Granted Permits. - Only duly accredited scientific and educational 
institutions, duly registered non-stock and non-profit corporate entities or organizations in the 
field of underwater archaeology, government agencies or instrumentalities with proven ability to 
conduct underwater archaeological work, foreign institutions in the field of underwater 
archaeology registered wit the SEC and allowed to do business in the Philippines and individuals 
and juridical persons under sponsorship by a scientific or educational institution may be granted 
permits to explore or excavate. 
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, a 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 archeology and a listing of 
capital investments in terms of equipment and facilities. The applicant shall file a cash 
performance bond in an. mount not less than Two Hundred Thousand Pesos (P200,OOO.OO) 
which is rehndable 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 
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 to the National 
Museum. Underwater archaeological excavations are to be undertaken following internationally 
accepted methods and techniques. 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. The permittee 


shall undertake a three-dimensional recording of archaeological materials to show spatial 
relationships with other' materials and environmental 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 National Museum Representative. Underwater archaeological work, 
both exploratory and actual excavations, shall be carried out only in the presence of National 
Museum representative(s). 
Actual commencement of the work shall be subject to the availability of a National 
Museum representative. 
The permittee shall underwrite 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 permitee 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 permittee 
to comply with the term 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 or illegal possession of firearms and ammunitions. 
SEC. 18. Other Explosives Prohibited. - 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 clearance from the National Museum representative and the Armed Forces of 
the Philippines. 
SEC. 19. Subcontracting Prohibited. - Subcontracting of underwater archaeological work 
or third party arrangements shall not be allowed. Permits granted shall be nontransferable and 
non-assignable. 
SEC. 20. Period of Exploration. - Exploration permits are limited to a period of six (6) 
months per permit, but renewable for another six (6) months for just reasons. An applicant can 
only have two exploration permits at any one time. The cash performance bond for an 
exploration permit for one site is Two Hundred Thousand Pesos (P200,OOO.OO). 
SEC. 21. Period of Excavation. - Applications for permits to excavate must specify the 
map coordinates of the specific site to the nearest degree. A site must be described in full detail 
to establish identity. 
Excavation permits are limited to a period of one (1) year and renewable for another year. 
In areas unaffected by seasonable climatological variations, only one excavation permit may be 
granted at any one time. In affected areas, two excavation permits may be granted, the applicant 
working alternately between the sites as the weather conditions permit. 
The cash performance bond for an exploration permit is extended into the excavation phase 
if an excavation permit is granted. 
SEC. 22. Study of Objects and Report. - A complete documentation and scientific study 
of objects recovered from the site collectively must be undertaken before the same are 
disseminated. 


A report on the project shall be submitted to the National Museum before any division of 
the recovered materials, objects or items is allowed. 
SEC. 23. Disposition and Division of Recovered Objects. - All rare and unique items 
(RUIs) shall belong to the National Museum. Any recovered object which is declared a national 
cultural treasure or an important cultural property shall belong to the National Museum. 
If a cultural treasure, as defined in this Act, is discovered or recovered during exploration 
or excavation, the permittee must notify the National Museum Director within twenty-four (24) 
hours. The permittee may underwrite the cost of guards and other security measures. The 
Director of the National Museum shall request the Philippine Navy, though 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 fifty-fifty (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 zone or restricted area shall not 
commence without prior consultation with the Director of the National Museum. 
SEC. 26. Cooperation with Diving Clubs. - The Philippine Commission on Sports Scuba- 
Diving (PCSSD) and' other national and local diving clubs shall submit a list of their diver- 
members to the National Museum. The Philippine Tourism Authority, together with 
representatives of the National Museum, shall conduct education campaigns and information 
drives about 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 
(P100,OOO.OO) or imprisonment for a term of not less than ten (10) years or both upon the 
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 
confiscated and forfeited to the National Museum: Provided, further, 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, finally, That if the offender is an alien he shall be held 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) is hereby 
appropriated annually from the General Fund, not otherwise appropriated by law, to carry out the 
provisions of this Act. 
SEC. 29. Repealing Clause. - Any provision of existing laws, rules, decrees and 
executive orders inconsistent with the provisions of this Act are hereby repealed or modified 
accordingly. 
SEC. 30. Separability Clause. - Any portion or pr vision 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. 3 1. Effectivity Clause. - This Act shall take effect fifteen (1 5 )  days after publication 
in the Official Gazette or a newspaper of general circulation. 
Approved,