LEGARDA FILES BILL TO END TREASURE HUNTING

SENATOR Loren Legarda has filed Senate Bill No. 1860 to repeal Presidential Decree No. 1726-A, the Martial Law-era decree that set government guidelines for treasure hunting in the Philippines, and to delete the treasure hunting permit provision embedded in the Republic Act No. 10066, or the National Cultural Heritage Act of 2009.

The bill aims to protect the country’s archaeological sites and cultural heritage from commercial exploitation and to align Philippine legislation with international best practices in heritage conservation.

“Our cultural heritage is not a commodity to be traded or exploited. It is a shared legacy that defines who we are and gives tangible expression to the historical experiences, ideas, and exchanges that have shaped our communities. It demands our collective effort to protect, preserve, and pass on to future generations,” Legarda said.

She emphasized that the treasure-hunting permit system, first introduced during Martial Law and later retained in the National Cultural Heritage Act of 2009, has led to the destruction of archaeological sites and has facilitated the commercial exploitation of the nation’s patrimony.

“When the very law meant to protect our heritage becomes an instrument for its exploitation, we must act decisively to repeal it,” Legarda stressed.

The bill mandates the National Commission for Culture and the Arts (NCCA) to develop comprehensive rules and regulations and govern all archaeological activities in the country, both on land and underwater.

The four-term senator noted that the system is incompatible with the Philippines’ obligations under the 1972 UNESCO World Heritage Convention and the 2003 UNESCO Convention for the Safeguarding of the Intangible Cultural Heritage, which require State Parties to protect heritage sites from commercial exploitation. She explained that by repealing the treasure-hunting law, the Philippines will more closely align with international best practices in cultural heritage protection.

The measure also provides that no excavation or digging shall be permitted without the supervision of a certified archaeologist, ensuring that all activities are conducted scientifically, properly documented, and for public benefit rather than private gain. 

Legarda underscored that archaeological and cultural properties form part of the country’s national patrimony and must be safeguarded for the benefit of the public. 

“Every artifact, every historical site, every archaeological find tells the story of who we are as a people. When these are destroyed or taken for profit, we lose more than objects; we lose our identity, our history, and our shared heritage,” Legarda said.

“You cannot defend cultural heritage with one hand and sign off on treasure hunting permits with the other. This bill close that contradiction and asserts that our laws stand firmly on the side of protection, not extraction for profit,” Legarda concluded.

Legarda chairs the Senate Committee on Culture and the Arts. She has championed landmark measures such as then Natioal Cultural Heritage Act (Republic Act No. 10066) and the Cultural Mapping Law (Republic Act No. 11961), which mandates a comprehensive inventory of Filipino heritage, among others.