THIRTEENTH CONGRESS OF THE 
1 
Second Regular Session 
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r, Ky 2'; 
REPUBLIC OF THE PHILIPPINES 
S E N A T E  
Introduced by SENATOR EDGARDO J. ANGARA 
EXPLANATORY NOTE 
Sections 14, 15, and 16 on Arts and Culture in Article XIV of the 
Constitution are unambiguous, to wit: 
The State shall foster the preservation, enrichment, and 
dynamic evolution of a Filipino national culture based on the 
principle of unity in diversity in a climate of free artistic and 
intellectual expression. 
Arts and letters shall enjoy the patronage of the State. The 
State shall conserve, promote, and popularize the nation's 
historical and cultural heritage and resources, as well as 
artistic creations. 
All the country's artistic and historic wealth constitutes the 
cultural treasure of the nation and shall be under the 
protection of the State which may regulate its disposition. 
Nowadays, experts calculate that indiscriminate diggings and 
underwater explorations have exposed our cultural and historical sites to 
desecration and our priceless cultural artifacts to destruction. All of 
which cause countries worldwide to incur massive damage to their 
cultural heritage. 
This measure aims to provide the statutory mechanism for a 
permit system on underwater exploration and excavation as well as 
establishing definite archaeological ,and scientific procedures to be 
followed. Strong legal sanctions, along with reward scheme and 
educational programs for divers, underwater construction workers and 
similar workers are provided in the bill. With this Act, the Philippine 
government concretizes its share in the role to maintain the cultural 
heritage of country. 
This bill, therefore, does it share in giving life to the aforesaid 
constitutional precepts. 
E D G A F ~ O  
J. ANGARA 
Senator 


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THIRTEENTH CONGRESS OF THE 
1 
Second Regular Session 
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6 hi",' 
2:) 
r" 
t 
REPUBLIC OF THE PHILIPPINES 
S E N A T E  
: .-&-,-- 
S. B. NO. 2252 
Introduced by SENATOR EDGARDO J. ANGARA 
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 
Philippines in Congress assembled: 
SECTION 1. Short Title. This Act may be cited as the "Protection 
of Underwater Cultural Heritage Act of 2006." 
SEC. '2. DecZaration of Policy. It is hereby declared the policy of 
the State to protect and preserve underwater archaeology, exploration 
and excavation. 
Towards this end, the State shall provide for the general 
requirements for underwater archaeology, exploration, and excavation, 
the description of items to be protected, the prohibition of certain 
activities in the vicinity of a protected item / 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. Definitions. For purposes of this Act, 
(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"inc1udes 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; 
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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 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; 
(0 "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 ancient 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. 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. 
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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 his / her 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. 11. 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 
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protected underwater cultural properties in Philippine waters subject to 
the provisions of this Act. 
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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 Mag 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 amount 
not less than Three Hundred Thousand Pesos (P300,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 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 
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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 and Fifty Thousand Pesos 
(P250,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 
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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. National and other 
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 
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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 (PlOO,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. 31. Effectivity Clause. This Act shall take effect fifteen (1 5) 
days after publication in the Official Gazette or a newspaper of general 
circulation. 
Approved, 
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