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REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
‘Quezon City

SEVENTEENTH CONGRESS
First Regular Session
House Bill No. 5 4 76

Introduced by MAGDALO Party-List Representative
HON. GARY C. ALEJANO

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 permit 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 of this bill is strongly recommended.

Represent


REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

House Bill No. 0476

Introduced by MAGDALO Party-List Representative
IN. GARY C. ALEJANO-

AN ACT
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:

SECTION 1. Short Title. - This Act may be cited as the "Protection of Underwater
Cultural Heritage Ac

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
itenvsite, 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, the
following terms shall mean:

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;
©) Ship includes any vessel used in navigation by water;

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

€) 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 sailor, 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;


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1) 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;
moments, 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:

2) 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 Museum shall be the lead agency of the government which shall implement
the provisions of this Act.

SEC. 5. Declaration and 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 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, declare an area (not exceeding 100 hectares) consisting of
sea or partly of sea and parily 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, 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.

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,

2


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. 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 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 or priority
among applicants for permits to explore or excavate.

SEC, 12. Permits to Explore/Excavate.- 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 Department of Education

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 registered with the Securities and
Exchange Commission (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, 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


41

SELaRRES

thousand pesos (Php 200,000.00) 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 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 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 including
the 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 10
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 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.

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


Ssessares

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 non-transferable and non-
assignable.

SEC. 20. Period of Exploration. - Exploration permits are limited to a period of six
(© months per permit, but renewable for another six (6) months for just reasons. An applicant
can only have two exploration permits at one time, The cast performance bond for an
exploration permit for one site is Two Hundred Thousand Pesos (Php 200,000.00)

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 identify. 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 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/Report. - 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 item is allowed

SEC. 23. Disposition/Division of Recovered Objects. - All rare and unique items
(RUIs) automatically belong to the National Museum. Any recovered object which is
declared to be a national cultural treasure or an important cultural property also belongs to the
National Museum.

Ifa cultural treasure, as 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 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 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/restricted area shall not commence without
prior consultation with the Director of the National Museum.


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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 to
the National Museum. The Philippine Tourism Authority, together with representatives of the
National Museum, shall conduct education campaigns and information derives 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 (Php
100,000.00) 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 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 (Php 7,000,000.00) 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 upon its approval and fifteen

(15) days after its publication in the Official Gazette or in at least two (2) newspapers of
general circulation.

Approved,