PRESIDENTIAL DECREE NO.

1726-A
October 1, 1980
PROVIDING GUIDELINES ON TREASURE HUNTING

SEC. 9. This Decree shall take effect immediately.

Done in the City of Manila, this 1st day of October in the year of Our Lord, nineteen hundred and
eighty.

WHEREAS, hidden treasures buried for years or centuries underground have, in most cases,
been found to be possessed of great cultural significance aside from their monetary values;

FERDINAND E. MARCOS
President of the Philippines

WHEREAS, there should be appropriate guidelines for hunting hidden treasures to protect the
interest of the government and preserve the cultural heritage of our people;

By the President:
JOAQUIN T. VENUS, JR.
Presidential Assistant

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virture of the

powers vested in me by the Constitution, do hereby order and decree:
SECTION 1. Any provision of law to the contrary, notwithstanding, treasure hunting in
government properties of portions of the public domain shall not be allowed, except upon prior
authority of the President of the Philippines.
SEC. 2. Any person desiring to hunt hidden treasures in government properties of portions of the
public domain must first file an application for a permit with the Legal Office, Office of the
President and shall sign a contract governing the disposition of all monies, articles and things of
value which may be found.
SEC. 3. A Committee is hereby created to be composed of three members, namely, the
Commanding General, Presidential Security Command, or his duly authorized representative
who shall represent the government; another, to be designated by the permittee and a third
member to be designated by the first two members, who shall be the chairman.
SEC. 4. The Committee shall oversee the digging or excavation and shall take possession of all
monies, things or articles of value which may be found and provide for their safekeeping at the
expense of the permittee.
SEC. 5. All the monies, articles and things of value which may be found shall be disposed in
accordance with the following procedure :
a) A portion shall be sold by the Committee, if necessary, to pay the compensation or
allowance of the members of said Committee and experts employed, if any.
b) After making the above deductions, the remainder shall be divided equally between the
government and the permittee-finder. If the treasures consist of war spoils of booty or anything
of value buried by Imperial Japanese Forces during the last World War, the treasure shall be
divided as follows: Seventy-five (75) per cent for the government and twenty-five (25) per cent
for the permittee-finder.
SEC. 6. Any government property damaged or destroyed during the digging or excavation shall
be repaired or restored at the expense of the permittee.
SEC. 7. Treasures found in private properties shall be governed by the Civil Code.
SEC. 8. Paragraph 5 b of Letter of Implementation No. 47, and all laws, decrees, orders, rules or
regulations inconsistent herewith are hereby repealed, amended or modified accordingly.

REPUBLIC ACT NO. 386

June 18, 1949
AN ACT TO ORDAIN AND INSTITUTE THE CIVIL CODE OF THE PHILIPPINES
Art. 154. That share of the hidden treasure which the law awards to the finder or the proprietor
belongs to the conjugal partnership.
Art. 438. Hidden treasure belongs to the owner of the land, building, or other property on which it
is found.
Nevertheless, when the discovery is made on the property of another, or of the State or any of
its subdivisions, and by chance, one-half thereof shall be allowed to the finder. If the finder is a
trespasser, he shall not be entitled to any share of the treasure.
If the things found be of interest to science of the arts, the State may acquire them at their just
price, which shall be divided in conformity with the rule stated.
Art. 439. By treasure is understood, for legal purposes, any hidden and unknown deposit of
money, jewelry, or other precious objects, the lawful ownership of which does not appear.
Art. 566. The usufructuary shall be entitled to all the natural, industrial and civil fruits of the
property in usufruct. With respect to hidden treasure which may be found on the land or
tenement, he shall be considered a stranger.
Art. 718. He who by chance discovers hidden treasure in another's property shall have the right
granted him in article 438 of this Code.
Art. 719. Whoever finds a movable, which is not treasure, must return it to its previous
possessor. If the latter is unknown, the finder shall immediately deposit it with the mayor of the
city or municipality where the finding has taken place.
The finding shall be publicly announced by the mayor for two consecutive weeks in the way he
deems best.

If the movable cannot be kept without deterioration, or without expenses which considerably
diminish its value, it shall be sold at public auction eight days after the publication.
Six months from the publication having elapsed without the owner having appeared, the thing
found, or its value, shall be awarded to the finder. The finder and the owner shall be obliged, as
the case may be, to reimburse the expenses.
Art. 720. If the owner should appear in time, he shall be obliged to pay, as a reward to the finder,
one-tenth of the sum or of the price of the thing found.

(f) "Significant Cave" refers to a cave which contains materials or possesses features that
have archaeological, cultural, ecological, historical or scientific value as determined by the
DENR in coordination with the scientific community and the academe.
Sec. 4. Implementing Agency. - The DENR shall be the lead agency tasked to implement the
provisions of this Act in coordination with the Department of Tourism (DOT), the National
Museum, the National Historical Institute and concerned local government units (LGUs) for
specific caves, except that in the Province of Palawan, the Palawan Council for Sustainable
Development shall be the lead implementing agency pursuant to Republic Act No. 7611 or the
Strategic Environmental Plan for Palawan Act.
Sec. 5. Powers and Functions of the Department of Environment and Natural Resources
(DENR) - In the implementation of this Act, the DENR shall exercise the following powers and
functions:

REPUBLIC ACT NO. 9072

April 8, 2001
AN ACT TO MANAGE AND PROTECT CAVES AND CAVE RESOURCES AND FOR OTHER
PURPOSES
SECTION 1. Title. - This Act shall be known as the "National Caves and Cave Resources
Management and Protection Act."
Sec. 2. Declaration of Policy. - It is hereby declared the policy of the State to conserve, protect
and manage caves and cave resources as part of the country's natural wealth. Towards this end,
the State shall strengthen cooperation and exchange of information between governmental
authorities and people who utilize caves and cave resources for scientific, educational,
recreational, tourism and other purposes.
Sec. 3. Definition of Terms. - For purposes of this Act, the following terms shall be defined as
follows:
(a) "Cave" means any naturally occurring void, cavity, recess or system of interconnected
passages beneath the surface of the earth or within a cliff or ledge and which is large enough to
permit an individual to enter, whether or not the entrance, located either in private or public land,
is naturally formed or man made. It shall include any natural pit, sinkhole or other feature which
is an extension of the entrance. The term also includes cave resources therein, but not any vug,
mine tunnel, aqueduct or other manmade excavation.
(b) "Cave resources" includes any material or substance occurring naturally in caves, such
as animal life, plant life, including paleontological and archaeological deposits, cultural artifacts
or products of human activities, sediments, minerals, speleogems and speleothems.
(c) "Secretary" means the Secretary of the Department of Environment and Natural
Resources (DENR).
(d) "Speleogem" means relief features on the walls, ceilings and floor of any cave or lava
tube which are part of the surrounding bedrock, including but not limited to anastomoses,
scallops, meander niches, petromorphs and rock pendants in solution caves and similar features
unique to volcanic caves.
(e) "Speleothem" means any natural mineral formation or deposit occurring in a cave or lava
tube, including but not limited to any stalactite, stalagmite, helictite, cave flower, flowstone,
concretion, drapery, rimstone or formation of clay or mud.

(a) Formulate, develop and implement a national program for the management, protection
and conservation of caves and cave resources;
(b) Disseminate information and conduct educational campaign on the need to conserve,
protect and manage our caves and cave resources;
(c) Issue permits for the collection and removal of guano and other cave resources which
shall be determined in coordination with the DOT, National Museum, concerned LGUs, the
scientific community and the academe, with regard to specific caves taking into consideration
bio-diversity as well as the aesthethic and archaeological value of the cave: Provided, that the
permittee shall be required to post a bond to ensure compliance with the provisions of any
permit: Provided, further, that any permit issued under this Section shall be revoked by the
Secretary when the permittee violates any provision of this Act or fails to comply with any other
condition upon which the permit was issued: Provided furthermore, That the Secretary cannot
issue permits for the removal of stalactites and stalagmites, and when it is established that the
removal of the resources will adversely affect the value of a significant cave: Provided, finally,
That caves located within a protected area shall be subjected to the provisions of Republic Act
No. 7586 or the National Integrated Protected Area System Act of 1992;
(d) Call on any local government unit, bureau, agency, state university or college and other
instrumentalities of the government for assistance as the need arises in the discharge of its
functions;
(e) Enter into a memorandum of agreement with any local government unit (LGU) for the
preservation, development and management of cave or caves located in their respective
territorial jurisdiction;
(f) Tap the cooperation of people's and non-governmental organizations as active partners in
the conservations and protection of our caves and cave resources; and
(g) Exercise other powers and perform other functions as may be necessary to implement
the provisions of this Act.

Sec. 6. Information Concerning the Nature and Location of Significant Caves - Information
concerning the nature and specific location of a potentially significant cave shall not be made
available to the public within one (1) year after its discovery by the DENR, during which time the
DENR in coordination with the DOT, the National Museum, the National Historical Institute,
concerned LGUs the scientific community and the academe shall assess its archaeological,
cultural, ecological, historical and scientific value, unless a written request is made and the
Secretary determines that disclosure of such information will further the purpose of this Act and
will not create a substantial risk of harm, theft or destruction on such cave.
The written request shall contain, among others, the following:

eight (8) years or by a fine ranging from Five hundred thousand pesos (P500,000.00) to One
million pesos (P1,000,000.00) or both at the Discretion of the Court: Provided, further, That if the
area requires rehabilitation or restoration as determined by the Court, the offender shall also be
required to restore the same, whenever practicable or compensate for the damage: Provided
finally that if the offender is a government employee, he or she shall likewise be removed from
office.
Sec. 9. Administrative Confiscation and Conveyance. - The Secretary shall order the
confiscation, in favor of the Government of the cave resources gathered, collected, removed,
possessed or sold including the conveyance and equipment used in violation of Section 7
hereof.

(a) a description of the geographic site for which the information is sought;
(b) an explanation of the purpose for which the information is sought;
(c) an assurance or undertaking satisfactory to the Secretary that adequate measures are to
be taken to protect the confidentiality of such information and to ensure the protection of the
cave from destruction by vandalism and unauthorized use.

Sec. 10. Fees. - Any money collected by the DENR as permit fees for collection and removal of
cave resources, as a result of the forfeiture of a bond or other security by a permittee who does
not comply with the requirements of such permit issued under this Act or by way of fines for
violations of this Act shall be remitted to the National Treasury.
Sec. 11. Implementing Rules and Regulations. - The DENR shall, within six (6) months from the
effectivity of this Act, issue rules and regulations necessary to implement the the provisions
hereof.

Sec. 7. Prohibited Acts. - The following shall be considered Prohibited Acts:

(a) Knowingly destroying, disturbing, defacing, marring, altering, removing, or harming the
speleogem or speleothem of any cave or altering the free movement of any animal or plant life
into or out of any cave;
(b) Gathering, collecting, possessing, consuming, selling, bartering or exchanging or offering
for sale without authority any, cave resource; and
(c) Counselling, procuring, soliciting or employing any other person to violate any provisions
of this Section.
Sec. 8. Penalties. - Any person found guilty of any of the offenses enumerated under Section 7
hereof shall be punished by imprisonment from two (2) years to six (6) years or a fine ranging
from Twenty thousand pesos (P20,000) to five hundred thousand pesos (P500,000.00) or both
at the discretion of the Court: Provided, That the person furnishing the capital to accomplish the
acts punishable herein shall be punished by imprisonment from six (6) years and one (1) day to

Sec. 12. Appropriations. - The amount necessary to carry out the provisions of this Act shall be
included in the General Appropriations Act of the year following its enactment into law and
thereafter.
Sec. 13. Separability Clause. - If any provisions of this Act is subsequently declared
unconstitutional, the remaining provisions shall remain in full force and effect.
Sec. 14. Repealing Clause. - Presidential Decree No. 1726-A is hereby modified. Treasure
hunting in caves shall be governed by the provisions of this Act.
Except Presidential Decree No. 412 and Republic Act No. 4846, all other laws, decrees, orders
and regulations or parts thereof which are inconsistent with any of the provisions of this Act are
hereby repealed or amended accordingly.
Sec. 15. Effectivity. - This Act shall take effect fifteen (15) days following its publication in two (2)
national newspapers of general circulation.