SENATOR Loren Legarda has filed Senate Bill 1860 seeking to repeal Presidential Decree No. 1726-A, a Martial Law-era issuance that set government guidelines for treasure hunting, and to remove the treasure-hunting permit provision in Republic Act 10066 or the National Cultural Heritage Act of 2009.
Legarda said the proposal aims to protect archaeological sites and cultural heritage from commercial exploitation and to align Philippine rules with international heritage conservation practices.
“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 said the permit system for treasure hunting, first introduced under Martial Law and retained in the 2009 heritage law, has contributed to the destruction of archaeological sites and enabled commercial exploitation of the country’s patrimony.
“When the very law meant to protect our heritage becomes an instrument for its exploitation, we must act decisively to repeal it,” she said.
Under the bill, the National Commission for Culture and the Arts (NCCA) would be tasked to develop comprehensive rules and regulations governing archaeological activities nationwide, on land and underwater.
The four-term senator said 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.
The measure further provides that no excavation or digging would be allowed without the supervision of a certified archaeologist, to ensure activities are done scientifically, properly documented, and for public benefit rather than private gain.
Legarda said archaeological and cultural properties form part of national patrimony and should be safeguarded for 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 closes that contradiction and asserts that our laws stand firmly on the side of protection, not extraction for profit,” she added.
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