SIXTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
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) 
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JUl 16 P4 :38 
SENATE 
S. No. 
795 
Introduced by Sen. Antonio "Sonny" F. Trilla)1e.s IV 
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. 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 bill, therefore, seeks to protect and:conserve future underwater archeological discoveries by 
providing a statutory mechanism for a pennit 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 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. 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 his/her 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. 
In view of the foregoing, approval ofthis bill is strongly recommended 
A 
'---<'t--J:i-RILLANES IV 
I UNESCO, Nov. 2001. Protection of Un den vater Cultural Heritage. Retrieved on 12 June 2008 flOm 
http://unesdoc. Wlesco.ol'g/images/OO 13/00 1330/ 13 3 08ge.pdf 
Senator 
1 


SIXTEENTH CONGRESS OF THE 
REPUBLIC OF TBE PHILIPPINES 
First Regular Session 
) 
) 
) 
SENATE 
S. No. 795 
Introduced by Sen. Antonio "Sonny" F. Trillanes IV 
AN ACT 
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'13 
JUL 16 P 4 :38 
PROVIDING FOR THE PROTECTION AND CONSERVATION OF ALL OBJECTS 
UNDERWATER CULTURAL HERITAGE IN PHILIPPINE WATERS 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
1 
SECTION 1. Short Title.- This Act may be cited as the "Protection of Underwater Cultural 
2 
Heritage Act of 2013. " 
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4 
SEC. 2. Declaration of Policy.- It is hereby declared to be the policy of the State to 
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protect and preserve underwater archaeology, exploration and excavation, the description of 
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items to be protected, the prohibition of certain activities in the vicinity of a protected item/site, 
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the establishment of a reward system for verified reports and the imposition of sanction/penalties 
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for violations. 
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SEC. 3. Definition of Terms.- In this Act, unless the contrary intention appears, 
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a) Philippine water means all around, between and connecting the islands of the Philippine 
12 
archipelago and the territorial sea extend up to twenty-four (24) nautical miles measured from 
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the straight baselines in accordance to Republic Act No. 3046 as amended by Republic Act No. 
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5446 (1961); 
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b) Sea includes any waters within the ebb and flow of the tide; 
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c) Ship includes any vessel used in navigation by water; 
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d) Underwater archaeology includes not only maritime archaeology but also riverine and 
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submerged site archaeology; 
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1 
e) Cultural Treasure includes any money, coin, gold, silver bullion, jewelry, precious stones and 
2 
metals and other raw precious objects which are unworked found or hidden in, or in anything 
3 
affixed to, the sailor the bed of a river or of the sea or other bodies of water but shall not include 
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any rare and unique item or any object which is at least one hundred (100) years old or more 
5 
declared a national cultural treasure or important cultural property; 
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f) Objects of underwater cultural heritage, both movable and immovable includes all shipwrecks, 
7 
sunken vessels at least 100 years old and all things therein, hulls and underwater archaeological 
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artifacts; places of ancient settlement or where there are vestiges of an ancient civilization; 
9 
dockyards, piers, aqueducts, tanks, wells; monnments, fragment shards or original documents 
10 
found under water dating from prehistoric times and any other object of scientific, cultural, 
11 
religious, archaeological, anthropological or paleontological interest to the Philippines; 
12 
g) Collector is any person or institution who acquires cultural treasure for purposes other than 
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sale; 
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h) Dealers are persons or enterprises who acquire cultural treasure for the purpose of engaging in 
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the acquisition and resale ofthe same; and 
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i) Exporters are dealers who engage in the business of exporting cultural treasure. 
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18 
SEC. 4. National Museum as Lead Agency.- The National Museum, hereinafter referred 
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to as the Museum shall be the lead agency of the government which shall implement the 
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provisions of this Act. 
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22 
SEC. S. Declaration and Register of Protected Sites.- The Archaeology Division of the 
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National Museum sha111mdertake an intensive archival and historical research study to pinpoint 
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sites of important shipwrecks and other significant underwater archaeological sites within five 
25 
(5) years from the approval of this Act. Thereafter, the National Museum shall keep an up-to-
26 
date register of' protected underwater archaeological sites and shipwrecks. The Director of the 
27 
National Museum shall by notice published in the Official Gazette or any newspaper of general 
28 
circulation, declare an area (not exceeding 100 hectares) consisting of sea or partly of sea and 
2 


1 
partly ofland within which archaeological sites, shipwrecks or any object of underwater cultural 
2 
heritage are situated to be a protected zone and/or restricted area. 
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SEC. 6. Ownership of Cultural Objects.- Upon approval of this Act, ownership of all 
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objects of underwater cultural heritage found in territorial waters, regardless of origin, is vested 
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directly in the State. 
7 
It shall be unlawful to destroy, demolish, mutilate or damage any object of underwater 
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cultural heritage. No person shall remove from or alter the site of any object of underwater 
9 
cultural heritage within a protected zone. 
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SEC. ,.7. Dealing or Possessing a Punishable Act.- The act of dealing in or possessing 
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any object of underwater cultural heritage, any part thereof, or associated object in the vicinity 
13 
thereof unless authorized to be so by the National Museum is punishable by the penal provisions 
14 
of this Act. 
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16 
SEC. 8. Other Prohibited Acts.- Diving, marking, use of explosives other than shaped 
17 
charges, use of a pressure air hose, water hose or vacuum hose within a protected zone or a non-
18 
protected zone to recover objects of underwater cultural heritage is strictly prohibited. 
19 
20 
SEC. 9. Reporting.- Any person who discovers, by chance, any object of underwater 
21 
cultural heritage is obliged to report hislher find to the National Museum or any of its branches 
22 
within seven (7) days from knowledge of its potential scientific, cultural, archaeological, 
23 
paleontological or historical value. Any person who becomes aware of the find is also required to 
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notify the nearest National Museum branch or representative within seven (7) days after 
25 
constructive or direct knowledge. A government or public officer has the special duty to pass any 
26 
information regarding discovery and chance finds of objects of underwater cultural heritage to 
27 
the nearest National Museum branch or representatives. Failure to report/notify within the 
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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 
2 
the preservation of objects of underwater cultural heritage or who have rendered important 
3 
services in the protection of the same shan be given by the Office of the President, upon 
4 
recommendation by the Director of the National Museum and the Undersecretary for Culture. 
5 
SEC. 11. Finders' Reward.- Finders who have dutifully notified the National Museum Of 
6 
their discovery and chance finds shall be given a finder's reward equivalent to at least fifteen 
7 
percent (15%) of the value of the property and be given recognition by name in a museum 
8 
display or publication. 
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A finder who has the right qualification to work a site shan be given a right or priority 
10 
among applicants for permits to explore or excavate. 
11 
12 
SEC. 12. Permits to ExploreIExcavate.- It shall be unlawful to dive, explore, survey, 
13 
excavate in Philippine waters for the purpose of obtaining materials of cultural or historical value 
14 
without the prior written authority from the Director of the National Museum. 
15 
The Director of the National Museum shall promulgate rules and guidelines for the grant 
16 
of permits/licenses to explore or excavate any underwater site for protected underwater cultural 
17 
properties in Philippine waters subject to the provisions of this Act. Such rules and regulations 
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shall be published in a newspaper of general circulation and shall be approved by the Secretary 
19 
of Department of Education. 
20 
21 
SEC. 13. Who May Be Granted Permits.- Only duly accredited scientific and education 
22 
institutions, duly registered non-stock and non-profit corporate entities or organizations in the 
23 
field of underwater archaeology, govemment agencies or instrumentalities with proven ability to 
24 
conduct underwater archaeological work, foreign institutions in the field of underwater 
25 
archaeology registered with the SEC. and allowed to do business in the Philippines and 
26 
individuals and juridical person under sponsorship by a scientific or educational institution may 
27 
be granted by a scientific or educational institution may be granted permits to explore or 
28 
excavate. 
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2 
SEC. 14. Formal Application.- A formal letter of application for a permit to explore or 
3 
excavate shall be addressed to the Director of the National Museum. It shall contain the name of 
4 
the proponents, the 'cooperating agencies, summary of the project, its objectives, significance 
5 
and the procedure to be followed, a timetable, a list of foreign personnel with proper Philippine 
6 
visa and historical and archival documentation. It must be accompanied by financial statements, 
7 
evidences of competence and experience in the field of underwater archaeological and a listing 
8 
of capital investments in terms of equipment and facilities. The applicant shall file a cash 
9 
performance bond in an amount not less than Two hundred thousand pesos (P200,OOO.OO) which 
10 
is refundable subject to limitations upon completion or cessation of the project. 
11 
12 
SEC. 15. Procedures.- The National Museum's underwater archaeological procedures 
13 
shall be followed throughout the extent and effectivity of the project. 
14 
No exploration or excavation may commence until the written permit is issued and the 
15 
applicant has signed his conformity with the corresponding rules and regnlations. 
16 
Activities during the exploration of underwater archaeological sites are limited to the 
17 
assessment of the potential(s) of the :sites for future, archaeological excavation. During the 
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exploration only samples of small finds and diagnostic materials enough to help in the 
19 
identification and dating of the site may be taken. These materials shall belong to the National 
20 
Museum. 
21 
Underwater archaeological excavations are to be undertaken following internationally 
22 
accepted methods and techniques. There shall be a general mapping of the site prior to the 
23 
excavation where and when feasible. The permittee shall keep a daily inventory and listing of 
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archaeological materials recovered and a daily log book to record daily activities including the 
25 
detailed description the permittee shall undertake a three-dimensional recording of 
26 
archaeological materials to show spatial relationship with other materials and environmental 
27 
features. The permittee must be committed to implement adequate recovery procedures ~o 
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minimize archaeologically induced damage specifically to fragile and small materials and 
29 
arrange for the conservation of all materials both at the site and the laboratory. A preliminary 
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1 
report, status and final report of the activities and results of the excavations shall be submitted to 
2 
the National Museum. 
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SEC. 16. Presence of National Museum Representative.- Underwater archaeological 
5 
work, both exploratory and actual excavations, shall be carried out only in the presence of 
6 
National Museum representative(s). 
7 
Actual commencement of the work shall be subject to the availability of a National 
8 
Museum representative. 
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The permittee shall underwite the cost of transportation, life and medical insurance, per 
10 
diems and allowances of the Museum representative to the site to expedite continuous operations 
11 
ofthe project. 
12 
The permittee shall likewise provide the Museum representative with full scuba and 
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excavation equipment to be used for the .underwater archaeological operation. 
14 
SEC. 17. Right of Revocation.- The National Museum has the full right to revoke the 
15 
permit issued to the applicant for cause' such as but not limited to ,a violation or inability of the 
16 
permittee to comply with the terms and conditions of the permit or any part thereof, deliberate 
17 
act(s) of concealing any item or object recovered from the site or any part thereof with the 
18 
intention of defrauding the National Museum, allowing the possession, traffic or use of 
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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 
22 
charges that will not harm the environment is strictly prohibited. The use of shaped charges must 
23 
be with prior clearance from the National Museum representative and the Armed Forces of the 
24 
Philippines. 
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26 
SEC. 19. Subcontracting Prohibited.- Subcontracting of underwater archaeological work 
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or third party arrangements is hot permitted. Permits are non-transferable and nonassignable. 
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1 
SEC. 20. Period of Exploration.- Exploration permits are limited to a period of six (6) 
2 
months per permit, but renewable for another six (6) months for just reasons. An applicant can 
3 
only have two exploration permits at anyone time. The cast performance bond for an exploration 
4 
permit for one site is Two Hundred Thousand Pesos (P200,OOO.OO). 
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SEC. 21. Period of Excavation.- Applications for permits to excavate must specify the 
7 
map coordinates of the specific site to the nearest degree. A site must be described in full detail 
8 
to establish identify. 
9 
Excavation permits are limited to a period of one (I) year and renewable for another year. 
10 
In areas unaffected by seasonable climatological variations only one excavation permit may be 
11 
granted at anyone time. In affected areas, two excavation permits may be granted, the applicant 
12 
working alternately between the sites as the weather condition permits. 
13 
The cash performance bond for an exploration permit is extended into the excavation 
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phase if an excavation permit is granted. 
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SEC. 22. Study of Objects/Report.- A completed documentation and scientific study of 
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objects recovered from the site collectively must be undertaken before the same are dispersed. A 
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report on the project shall be submitted to the National Museum before any division of the 
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recovered materials, objects or item is allowed. 
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SEC. 23. DispositioniDivision of Recovered Objects.- All rare and unique items (RUls) 
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automatically belong to the National Museum. Any recovered object which is declared to be a 
23 
national cultural treasure or an important cultural property also belongs to the National Museum. 
24 
If a cultural treasure, as in this Act, is discovered or recovered during the exploration or 
25 
excavation, the permittee must notify the National Museum Director within 24 hours. The 
26 
permittee may underwrite the cost of the guards and other security measures. The Director of the 
27 
National Museum shall request the Philippine Navy, through the Office of the President, for 
28 
assistance in securing the site and the project's personnel. 
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1 
All cultural treasures except the shall be divided on a 50-50 basis. In case there are 
2 
several RUI's as determined by both parties, then, all cultural treasures shall be divided on a 50-
3 
50 basis, in favor of the permittee. 
4 
5 
SEC. 24. Cost of Convention.- The material cost of the total conservation of the 
6 
recovered cultural properties shall be borne by the permittee regardless of the termination date of 
7 
the permit. The technical expertise in the conservation of the materials may be provided by the 
8 
National Museum. 
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10 
SEC. 25. Construction or Mining Halted.- Underwater construction work or mining 
11 
shall be halted wherever a find is made so that rescue technology can take place. Mining or 
12 
construction in or near a declared protected zone/restricted area shall not commence without 
13 
prior consultation with the Director of the National Museum. 
14 
15 
SEC. 26. Cooperation with Diving Clubs.- The Philippine Commission on Sports Scuba-
16 
Diving (PCSSD) and local diving, clubs shall submit a list of their divers-members to the 
17 
National Museum. The Philippine Tourism Authority, together with representatives of the 
18 
National Museum, shall conduct education campaigns and information derives about the 
19 
Philippine underwater cultural 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 shall, upon 
22 
conviction, subject the offender to a fine of not less than One hundred thousand pesos 
23 
(PIOO,OOO.OO) or imprisonment for a term of not less than ten (10) years or both upon the 
24 
discretion of the Court: Provided, That any watercraft, equipment, tools, paraphernalia, other 
25 
instruments used for excavation and objects excavated in violation of this Act shall be summarily 
26 
confiscated and forfeited to the National Museum: Provided, further, That if the violation is 
27 
committed by a juridical person, the manager, representative, director agent or employee of said 
28 
juridical person responsible for the act shall also be liable to the penalties provided herein 
8 


1 
Provided, finally, That if the offender is an alien he shall be under the custody of the 
2 
Commission on Immigration and Deportation for the appropriate proceedings. 
3 
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SEC. 28. Appropriation.- The sum of Seven million pesos (P7,000,000.00) is hereby 
5 
appropriated annually from the General Fund, not otherwise appropriated by law, to carry out the 
6 
provision of this Act. 
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SEC. 29. Repealing Clause.- Any provision of existing laws, rules, decrees and 
9 
executive orders inconsistent with the provisions of this Act are hereby repealed and modified 
10 
accordingly. 
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SEC. 30. Separability Clause.- Any portion or provision of this Act that may be declared 
13 
unconstitutional shall not have the effect of nullifying other portions or provisions hereof as long 
14 
as such remaining provisions can still subsist and be given effect. 
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SEC. 31. Effectivity Clause.- This Act shall take effect upon its approval and fifteen (15) 
17 
days after its publication in the Official Gazette or a newspaper of general circulation. 
Approved, 
9