THIRTEENTH CONGRESS 
F THE REPUBLI 
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OF THE PHILIPPINE 
1 
First Regular Session 
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Introduced by Senator S. 
srnefia 118 
EXPLANATORY NOTE 
Even before the arrival of Spanish colonizers, the Philippines was a 
thriving economy trading with its neighboring countries. The recent underwater 
archeological findings in Palawan and Batangas, which date back to hundreds of 
years ago attest to such a conclusion. 
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This bill which seeks to protect and conserve future underwater 
archeological discoveries and assigns the National Museum as the lead agency 
to implement provisions of this act. 
Some salient features of this bill are as follows: 
I. 
The Director of the National Museum 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. This measure 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 hidher 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. 
This bill will go a long way in protecting our national heritage. 
In view of the foregoing, approval of this bill is strongly recommended. 
ERG10 OSMEMA III 
Senator 


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THIRTEENTH CONGRESS OF THE REPU 
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OF THE PHILIPPINES 
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First Regular Session 
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E N A T  
S. No. 
Introduced by Senator OsrneAa 111 
AN ACT 
PROVIDING FOR THE PROTECTION AND CONSERVATION OF ALL 
OBJECTS OF UNDERWATER CULTURAL HERITAGE IN PHILIPPINE 
WATERS 
Be if 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 
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Underwater Cultural Heritage Act of 2004”. 
SEC. 2. Declaration 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 sanction/penalties for violations. 
SEC. 3. Definition of Terms. - 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 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; 
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d) 
Underwater archaeology includes not only maritime archaeology 
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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 
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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 
declared a national cultural treasure or important cultural property; 
f ) 
Objects of underwater cultural heritage, both movable and 
immovable 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 
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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 
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Exporters are dealers who engage in the business of exporting 
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cultural treasure. 
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SEC. 4. National Museum as Lead Agency. - The National Museum, 
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hereinafter referred to as the Museum shall be the lead agency of the 
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SEC. 5. Declaration and Register of Protected Sites. - The Archaeology 
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Division of the National Museum shall undertake an intensive archival and 
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historical research study to pinpoint sites of important shipwrecks and other 
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significant underwater archaeological sites within five (5) years from the approval 
government which shall implement the provisions of this Act. 
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SEC. 6. Ownership of Cultural Objects. - Upon approval of this Act, 
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ownership of all objects of underwater cultural heritage found in territorial waters, 
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 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. 
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SEC. 8. Other Prohibited Acts. - Diving, marking, use of explosives 
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 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 object in the vicinity thereof unless authorized to be so by the 
National Museum is punishable by the penal provisions of this act. 
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other than shaped charges, use of a pressure air hose, water hose or vacuum 
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hose within a protected zone or a non-protected zone to recover objects of 
underwater cultural heritage is strictly prohibited. 
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SEC. 9. Reporfing. - Any person who discovers, by chance, any object 
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of underwater cultural heritage is obliged to report hisher find to the National 
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Museum or any of its branches within seven (7) days from knowledge of its 
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potential scientific, cultural, archaeological, paleontological or historical value 
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Any person who becomes aware of the find is also required to notify the nearest 
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National Museum branch or representative within seven (7) days after 
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constructive or direct knowledge. A government or public officer has the special 
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duty to pass any information regarding discovery and chance finds of objects of 
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underwater cultural heritage to the nearest National Museum branch or 
2 representatives. Failure to reportlnotify within the designated period shall be 
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SEC. 10. Special Decorative. - A special decoration’for persons who 
penalized by the appropriate provisions of this Act. 
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have contributed to the preservation of objects of underwater cultural heritage or 
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who have rendered important services in the protection of the same shall be 
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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 
o priority among applicants for permits to explore or excavate. 
SEC. 12. Permits to ExploreExcavafe. - 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 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 Education, Culture and Sports. 
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 underwater archaeology, government 
agencies or instrumentalities with proven ability to conduct underwater 
archaeological work, foreign institutions in the field of underwater archaeology 
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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 be granted 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, 
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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 
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,OOO.OO) which is refundable subject to 
limitations upon completion or cessation of the project. 
SEC. 
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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. 
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Underwater archaeological excavation 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 
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permittee shall keep a daily inventory and listing of archaeological materials 
recovered and a daily log book to record daily activities including t h e  detailed 
description the permittee shall undertake a three-dimensional recording of 
archaeological materials to show spatial relationship with other' materials and 
environmental features. 
The permittee must be committed to implement 
adequate recovery procedures to minimize a rchaeolog ica I I  y ind u ced 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 
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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 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 permittee 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 ammunitions. 
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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 is not permitted. Permits are 
no n- t ra n sfe ra b le and no n-ass ig nab le. 
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 cast performance bond for an exploration permit for one site is Two 
hundred thousand pesos (P2~0,OOO.OO). 
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SEC. 21. Period of Excavation. - Applications for permits 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 permits are limited to a period of one (I) 
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 condition permits. 
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/Reporl. - 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 items is allowed. 
SEC. 
23. Disposition/Division of Recovered Objects. - All rare and 
unique items (RUls) automatically belong to the National Museum. 
Any 
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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 RUl’s shall be divided on a 50-50 basis. 
In case there are several RUl’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. 
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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 zonehestricted 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 
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divers-members to the National Museum. The Philippine Tourism Authority, 
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together with representatives of the National Museum, shall conduct education 
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campaigns and information derives about the Philippine underwater cultural 
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heritage to tourist-divers and local diver’s clubs. 
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SEC. 27. Penal Provisions. - Any violation of the provision of this Act 
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shall, upon conviction, subject the offender to a fine of not less than One hundred 
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thousand pesos (P'JOO,OOO.OO) or imprisonment for a term of not less than ten 
( I O )  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 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 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 fifteen (1 50 days 
after publication in the Official Gazette or a newspaper of general circulation. 
Approved, 
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