FIFTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES 
) 
First Regular Session 
) 
SENATE 
S. NO. _4_2--=4_ 
Introduced by Senator Antonio "Sonny" F. Trillanes 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. 
~!~N~" 
F. TRILLANES IV 
Senator 
1 
. 
UNESCO. 
Nov. 
2001. 
Protection 
of Undenvater 
Cultural 
Heritage. 
Retrieved 
on 
12 
June 
2008 
from 
http://,,nesdoc.unesco.orglimages/0013/001330/133089e.pdf 
1 


FIFTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES 
) 
First Regular Session 
) 
SENATE 
424 
S.NO. ___ _ 
Introduced by Senator Antonio "Sonny" F. Trillanes IV 
AN ACT 
PROVIDING FOR THE PROTECTION AND CONSERVATION OF ALL OBJECTS 
UNDERWATER CULTURAL HERITAGE IN PHILIPPINE WATERS 
Be it enacted by the Senate and House of Representatives of the Philippines in Congress 
assembled: 
1 
SECTION 1. Short Title. - This Act may be cited as the 'Protection of Underwater 
2 
Cultural Heritage Act of 2010." 
3 
4 
SEC. 2. Declaration of Policy. - It is hereby declared to be the policy of the State to 
5 
protect and preserve underwater archaeology, exploration and excavation, the description of 
5 
items to be protected, the prohibition of certain activities in the vicinity of a protected item! site, 
7 
the establishment of a reward system for verified reports and the imposition of sanction! 
8 
penalties for vio lations. 
9 
10 
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 
12 
Philippine archipelago and the territorial sea extend up to twenty-four (24) nautical miles 
13 
measured from the straight baselines in accordance to Republic Act No. 3046 as amended by 
14 
Republic Act No. 5446 (1961); 
15 
b) Sea includes any waters within the ebb and flow of the tide; 
15 
c) Ship includes any vessel used in navigation by water; 
17 
d) Underwater archaeology includes not only maritime archaeology but also riverine and 
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submerged site archaeology; 
19 
e) Cultural Treasure includes any money, coin, gold, silver bullion, jewelry, precious 
20 
stones and metals and other raw precious objects which are unworked found or hidden in, or 
21 
in anything affixed to, the sailor the bed of a river or of the sea or other bodies of water hut 
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shall not include any rare and unique item or any object which is at least one hundred (100) 
23 
years old or more declared a national cultural treasure or important cultural properly; 
24 
1 


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f) Objects of underwater cultural heritage, both movable and immovable includes all 
2 
shipwrecks, sunken vessels at least 100 years old and all things therein, hulls and underwater 
3 
archaeological artifacts; places of ancient settlement or where there are vestiges of an ancient 
4 
civilization; dockyards, piers, aqueducts, tanks, wells; monuments, fragment shards or 
5 
original documents found under water dating from prehistoric times and any other object of 
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scientific, cultural, religious, archaeological, anthropological or paleontological interest to 
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the Philippines; 
8 
g) Collector is any person or institution who acquires cultural treasure for purposes other 
9 
than sale; 
10 
h) Dealers are persons or enterprises who acquire cultural treasure for the purpose of 
11 
engaging in the acquisition and resale ofthe same; and 
12 
i) Exporters are dealers who engage in the business of exporting cultural treasure. 
13 
14 
SEC. 4. National Museum as Lead Agency. - The National Museum, hereinafter referred 
15 
to as the Museum shaII be the lead agency of the government which shaII implement the 
16 
provisions of this Act. 
17 
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SEC. 5. Declaration and Register of Protected Sites. - The Archaeology Division of the 
19 
National Museum shalllmdertake an intensive archival and historical research study to pinpoint 
20 
sites of important shipwrecks and other significant underwater archaeological sites within five 
21 
(5) years from the approval of this Act. Thereafter, the National Museum shall keep an up-to-
22 
date register of' protected underwater archaeological sites and shipwrecks. 
23 
The Director of the National Museum shall by notice published in the Official Gazette or 
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any newspaper of general circulation, declare an area (not exceeding 100 hectares) consisting of 
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sea or partly of sea and partly of land within which archaeological sites, shipwrecks or any object 
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of underwater cultural 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. 
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It shall be unlawful to destroy, demolish, mutilate or damage any object of underwater 
32 
cultural heritage. No person shall remove from or alter the site of any object of underwater 
33 
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 
2 
any object of underwater cultural heritage, any part thereof, or associated object in the vicinity 
3 
thereof unless authorized (0 be so by the National Museum is punishable by the penal provisions 
4 
ofthis Act. 
5 
6 
SEC. 8. Other Prohibited Acts. - Diving, marking, use of explosives other than shaped 
7 
charges, use of a pressure air hose, water hose or vacuum hose within a protected zone or a non-
8 
protected zone to recover objects of underwater cultural heritage is strictly prohibited. 
9 
10 
SEC. 9. Reporting. - Any person who discovers, by chance, any object of underwater 
11 
cultural heritage is obliged to report his/her find to the National Museum or any of its branches 
12 
within seven (7) days from knowledge of its potential scientific, cultural, archaeological, 
13 
paleontological or historical value. Any person who becomes aware of the find is also required to 
14 
notify the nearest 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 duty to pass any 
16 
information regarding discovery and chance finds of objects of underwater cultural heritage to 
17 
the nearest National Museum branch or representatives. Failure to report/notify within the 
18 
designated period shall be penalized by the appropriate provisions of this Act. 
19 
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SEC. 10. Special Decorative. -:A special decoration for persons who have contributed to 
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the preservation of objects of underwater cultural heritage or who have rendered important 
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services in the protection of the same shall be given by the Office of the President, upon 
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recommendation by the Director of the National Museum and the Undersecretary for Culture. 
24 
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SEC. 11. Finders' Reward. - Finders who have dutifully notified the National Museum 
26 
of their discovery and chance finds shall be given a finder's reward equivalent to at least fifteen 
27 
percent (15%) of the value of the property and be given recognition by name in a museum 
28 
display or publication. 
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A finder who has the right qualification to work a site shall be given a right or priority 
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among applicants for permits to explore or excavate. 
31 
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SEC. 12. Permits to ExplorelExcavate. - It shall be unlawful to dive, explore, survey, 
33 
excavate in Philippine waters for the purpose of obtaining materials of cultural or historical value 
34 
without the prior written authority from the Director of the National Museum. 
3 


1 
The Director of the National Museum shall promulgate rules and guidelines for the grant 
2 
of permits/licenses to explore or excavate any underwater site for protected underwater cultural 
3 
properties in Philippine waters subject to the provisions of this Act. Such rules and regulations 
4 
shall be published in a newspaper of general circulation and shall be approved by the Secretary 
5 
of Department of Education. 
6 
7 
SEC. 13. Who May Be Granted Permits. - Only duly accredited scientific and education 
8 
institutions, duly registered non-stock and non-profit corporate entities or organizations in the 
9 
field of underwater archaeology, government agencies or instrumentalities with proven ability to 
10 
conduct underwater archaeological work, foreign institutions in the field of underwater 
11 
archaeology registered with the SEC. and allowed to do business in the Philippines and 
12 
individuals and juridical person under sponsorship by a scientific or educational institution may 
13 
be granted by a scientific or educational institution may be granted permits to explore or 
14 
excavate. 
15 
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SEC. 14. Formal Application. - A formal letter of application for a permit to explore or 
17 
excavate shall be addressed to the Director of the National Museum. It shall contain the name of 
18 
the proponents, the 'cooperating agencies, summary of the project, its objectives, significance and 
19 
the procedure to be followed, a timetable, a list of foreign personnel with proper Philippine visa 
20 
and historical and archival documentation. It must be accompanied by financial statements, 
21 
evidences of competence and experience in the field of underwater archaeological and a listing 
22 
of capital investments in terms of equipment and facilities. The applicant shall file a cash 
23 
performance bond in an amount not less than Two hundred thousand pesos (P200,000.00) which 
24 
is refundable subject to limitations upon completion or cessation of the project. 
25 
26 
SEC. 15. Procedures. - The National Museum's underwater archaeological procedures 
27 
shall be followed throughout the extent and effectivity of the project. 
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No exploration or excavation Il).ay commence until the written permit is issued and the 
29 
applicant has signed his conformity with the corresponding rules and regulations. 
30 
Activities during the exploration of underwater archaeological sites are limited to the 
31 
assessment of the potential(s) of the :sites for future, archaeological excavation. During the 
32 
exploration only samples of small finds and diagnostic materials enough to help in the 
33 
identification and dating of the site may be taken. These materials shall belong 20 the National 
34 
Museum. 
4 


1 
Underwater archaeological excavations are to be undertaken following internationally 
2 
accepted methods and techniques. There shall be a general mapping of the site prior to the 
3 
excavation where and when feasible. The permittee shall keep a daily inventory and listing of 
4 
archaeological materials recovered and a daily log book to record daily activities including the 
5 
detailed description the permittee shall undertake a three-dimensional recording of 
6 
archaeological materials to show spatial relationship with other materials and environmental 
7 
features. The permittee must be committed to implement adequate recovery procedures to 
8 
minimize archaeologically induced damage specifically to fragile and small materials and 
9 
arrange for the conservation of all materials both at the site and the laboratory. A preliminary 
10 
report, status and final report of the activities and results of the excavations shall be submitted to 
11 
the National Museum. 
12 
13 
SEC. 16. Presence of National Museum Representative. - Underwater archaeological 
14 
work, both exploratory and actual excavations, shall be carried out only in the presence of 
15 
National Museum representative(s). 
16 
Actual commencement of the work shall be subject to the availability of a National 
17 
Museum representative. 
18 
The permittee shall underwite the cost of transportation, life and medical insurance, per 
19 
diems and allowances of the Museum representative to the site to expedite continuous operations 
20 
of the project. 
21 
The permittee shall likewise provide the Museum representative with full scuba and 
22 
excavation equipment to be used for the .underwater archaeological operation. 
23 
24 
SEC. 17. Right of Revocation. - The National Museum has the full right to revoke the 
25 
permit issued to the applicant for cause' such as but not limited to ,a violation or inability of the 
26 
permittee to comply with the terms and conditions of the permit or any part thereof, deliberate 
27 
act(s) of concealing any item or object recovered from the site or any part thereof with the 
28 
intention of defrauding the National Museum, allowing the possession, traffic or use of 
29 
prohibited drugs during the diving operations illegal possession of firearms and ammunitions. 
30 
31 
SEC. 18. Other Explosives Prohibited. - The use of other explosives other than shaped 
32 
charges that will not harm the environment is strictly prohibited. The use of shaped charges must 
33 
be with prior clearance from the National Museum representative and the Armed Forces of the 
34 
Philippines. 
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SEC. 19. Subcontracting Prohibited. - Subcontracting of underwater archaeological 
work or third party arrangements is hot permitted. Permits are non-transferable 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 anyone time. The cast performance bond for an exploration 
permit for one site is Two Hundred Thousand Pesos (P200,000.00). 
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 anyone 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. 
If a cultural treasure, as defin~d 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 ~UI'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. 
6 


1 
SEC. 24. Cost of Convention. - The material cost of the total conservation of the 
2 
recovered cultural properties shall be borne by the permittee regardless of the termination date of 
3 
the permit. The technical expertise in the conservation of the materials may be provided by the 
4 
National Museum. 
5 
6 
SEC. 25. Construction or Mining Halted. - Underwater construction work or mining 
7 
shall be halted wherever a find is made so that rescue technology can take place. Mining or 
8 
construction in or near a declared protected zone/restricted area shall not commence without 
9 
prior consultation with the Director of the National Museum. 
10 
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SEC. 26. Cooperation with Diving Clubs. - The Philippine Commission on Sports 
12 
Scuba-Diving (PCSSD) and local diving, clubs shall submit a list of their divers-members to the 
13 
National Museum. The Philippine Tourism Authority, together with representatives of the 
14 
National Museum, shall conduct education campaigns and information derives about the 
15 
Philippine underwater cultural heritage to tourist-divers and local diver's clubs. 
16 
17 
SEC. 27. Penal Provisions. - Any violation of the provision of this Act shall, upon 
18 
conviction, subject the offender to a fine of not less than One hundred thousand pesos 
19 
(PIOO,OOO.OO) or imprisonment for a term of not less than ten (10) years or both upon the 
20 
discretion of the Court: Provided, That any watercraft, equipment, tools, paraphernalia, other 
21 
instruments used for excavation and objects excavated in violation of this Act shall be summarily 
22 
confiscated and forfeited to the National Museum: PrOVided, further, That if the violation is 
23 
committed by a juridical person, the manager, representative, director agent or employee of said 
24 
juridical person responsible for the act shall also be liable to the penalties provided herein 
25 
Provided, finally, That if the offender is an alien he shall be under the custody of the 
26 
Commission on Immigration and Deportation for the appropriate proceedings. 
27 
28 
SEC. 28. Appropriation. - The sum of Seven million pesos (P7,OOO,OOO.OO) is hereby 
29 
appropriated annually from the General Fund, not otherwise appropriated by law, to carry out the 
30 
provision of this Act. 
31 
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SEC. 29. Repealing Clause. - Any provision of existing laws, rules, decrees and 
33 
executive orders inconsistent with the provisions of this Act are hereby repealed and modified 
34 
accordingly. 
7 


1 
SEC. 30. Separability Clause. - Any portion or provision of this Act that may be 
2 
declared unconstitutional shall not have the effect of nullifying other portions or provisions 
3 
hereof as long as such remaining provisions can still subsist and be given effect. 
4 
5 
SEC. 31. Effectivity Clause. - This Act shall take effect upon its approval and fifteen 
6 
(15) days after its publication in the Official Gazette or a newspaper of general circulation. 
Approved, 
8