Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
Second Regular Session

i723

House Bill No.

Introduced by Representatives Mariano Michael M. Velarde Jr. and lewinG Tieng
(BUHAY Party List)

EXPLANATORY NOTE

Underwater cultural heritage is an integral part of the Kilipinos! national pride. it is
particularly an important clement not only in our history, but in our relationship with
other countries as well.

Experts, however, calculate that indiscriminate diggings and underwater explorations

have exposed our cultural and historical sites to desecration and our priceless cultural
artifacts to destruction.

This biil, therefore, sceks 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 ageacy in
implementing the provisions of this Act.

Some salient features of this bill are as follows:

1. The Director of the National Museum shall be given powers to implement guiclelines
and issue permits to explore or excavate any underwaler site for protected underwater
cultural properties in Philippine Waters.

2. This measure outlaws diving, use of explosives, and use of a pressure air hose, water
hose or vacuum hose within a protected zone or a non-protected zone to recover abjects
of underwater cultural heritage.

3. 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 days from knowledge of its potential scientific, cultural, archaeolcgical,
paleontological or historical value.

He wapaere ae is earnestly requested,

Hn Mariano Michael M. Velarde Jr.



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
Second Regular Session
8723

House Bill No.

Introduced by Representatives Mariano Michael M. Velarde Jr. and I

in C. Tieng
(BUHAY Party List)

AN ACT PROVIDING FOR THE PROTECLION AND CONSERVATION OF ALL
OBJECTS UNDERWATER CULTURAL MERITAGE IN PHILIPPINE WATERS

Be it enacted by the Senate and the blouse 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 2011."

SEC, 2 Declaration of Policy. - It is hereby declared to be the policy of the State to
protect and preserve underwater cultaral heritage in order to foster nationalism and for

the sake of posterity.

EC. 3. Definition of Terms, ~ in this Act, unless the contrary intention appears, the
terms are defined as follows:

a) Philippine water means all waters around, between and connecting the islands of the
Philippine archipelago and the territorial sea extending up to twenty-four (24) nautical
miles 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;
©) Ship includes any vessel used in navigation by water;

d) Underwater archacology includes not only maritime archaeology but also riverine
and submerged site archaeology;

®) Cultural Treasure includes any money, coin, gold or silver bullion, jewelry, precious
stones and metals and other raw precious objects which are unworked and found or
hidden in, ot in anything affixed to the bed of a river or of the sea or other bodies of
water, but shail 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;

£) Objects of underwater cultural heritage, both movable and immovable, include all
shipwrecks, sunken vessels at least 100 years old and all things therein such as hulls
and underwater archaeological artifacts; places of ancient settlement or where there are
vestiges of an ancient civilization; such as dockyards, piers, aqueducts, tanks, wells;
monuments, fragment shards or originat documents found under water dating from
Prehistoric times and any other abject of scientific, cultural, religious, atchaeclogical,
anthropological or paleontological interest to the Philippines;

8) 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 Muscum shall be the lead. agency of the government which shall
implement the provisions of this Act.

SEC. 5. Declaration aud 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
locations within five (5) years from the approval of this Act. Thereafter, the National
Museum shall keep an up-to-date register of protected underwater archacological 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 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 restricied 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,
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 sile 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, or any part thereof, or associated object 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 polential 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
xepresentative within soven (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 report/notify within the
designated period shall be penalized by the appropriate provisions of this Act

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 Nalional Museum and the
Undersecretary for Culture,

SEC. Finder's 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 ina 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 Fxplore/Fxcavate. - It shall be unlawful to dive, explore, survey,
excavate in Philippine waters for the purpose of obtai.ing materials of cultural or

historical value without the prior written authorily from the Director of the National
Museum.

The Director of the National Museum shall promulgate rules and guidelines for the
Brant of permits/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-slock and non-profit corporate. entilies or
organizations in the field of underwater archaeulogy, 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 or 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 ta explore or
excavate shall be addressed to the Director of the National Museum. It shall contain the
name of the proponents, the cooperating agencics, 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, evidence of competence and experience
in the field of underwater archaeological, 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 Two hundred thousand pesos (P200,000.00) which is refundable
subject to limitations upon completion or cessation of the project.

SEC. 15. Procedures. - The National Museum's underwater archacological 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 siles are limited to the
assessment of the potential 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, to the
‘National Museum.

Underwater archaeclogical 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 perntittee stiall keep a daily inventory
and listing of archaeological materials recovered and a daily log book to record daily
activities including detailed description of the find. The permitive shall undertake a
three-dimensional recording of archaeological materials to show spatial relationship
with other materials and environmental features. ‘Ihe permittee must be committed to
implement adequate recovery procedures to minimize archaeologically induced
damage specifically to fragile and smail 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,

pet diems and allowances of the Muscum representative(s) 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 archacological operation,

SEC. 17. Right of Revocation, - The National Museum has the full right to revoke the
permil issued to the applicant for causes, such as but not limited lo a violation or
inability of the permittee to comply with the terms and conditions of the pernnit 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, or ailowing, the
Possession, traffic or use of prohibited drugs or illegal fircarms and ammunitions
during the diving operations.

SEC. 18. Other Explosives Proitibited. - The use of olher explosives other than those
that will not harm the environment is strictly prohibited. ‘Ihe use of shaped charges

niust 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 is not permitted. Permils are non-transferable and
non-assignable.

SEC. 20. Period of Exploration. - -xploration 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 anyone time. The cash performance
bond for an exploration permit for one site is Two Hundred Thousand Pesos
(200,000.00). :

SEC. 21. Period of Excavation, - Applications for permits to excavale must specify the
map coordinates of the specific site to the nearest degree, Excavation perniits 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
anyone time. In affected areas, two excavation permits may be granted, the applicant
working alternately between the sites as the weather condition pernuits.

‘The cash performance bond for an exploration permit is extended to 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 nwust 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 items is alowed


SEC. 23. Disposition/Division of Recovered Objects. - All raze and unique items (RUTs)
automatically belong to the National Muscum. Any recovered object which is 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 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 Conservation. - The material cost of the tolal conservation of the
recovered cultural properties shall be borne by the permittee regardless of the
termunation date of the permit. The technical expertise in Lhe conservation of the
materials may be provided by the National Museum.

SEC. 25, Construction or Miniug 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/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 local diving clubs shall submit a list of their divers-
members Lo the National Museum. ‘The Philippine Tourism Authority, together with
representatives of the National Museum, shall conduct education campaigns and

information drives about the 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:
(P106,000.00), 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 in favor of the National
Museom: provided, further, that if the violation is committed by a juridical person, the
manager, representative, director agent or employee of said juridical person
responsibie for the act shall also be liable to the penalties provided herein: provided,
finally, Uhat if the offender is an alicn he shall be wnder the custody of the Commission
on Lnmigration 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, nat otherwise appropriated by law, to
carry out the provision 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 and
modified accordingly,

SEC. 30. Separability 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. Effectivity Clause. - This Act shall take effect upon ils approval and fifteen

(15) days after its publication in the Official Gazette or a newspaper of gencral
circulation.