TREASURE HUNTING LAWS IN THE PHILIPPINES

Presidential Decree No. 1726-A

To understand Philippine treasure hunting law, begin with Presidential
Decree No. 1726-A, entitled Providing Guidelines on Treasure Hunting,
signed on October 1, 1980 by former President Ferdinand Marcos.
This decree applies to treasure-hunting on government property and
basically states that a treasure-hunter must first obtain a permit, that the
government will oversee the digging and take possession of all items
recovered and sell them, that deductions for government expenses will
be made, and that the remaining value will 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 World War II, the split will be 75/25 toward the government's
favor.
Again, this decree is relevant to treasure-hunting on government
property only and specifically states in Section 7 that "treasures found in
private properties shall be governed by the Civil Code."
The Civil Code of the Philippines
Republic Act No. 386, approved on June 18, 1949, known as the Civil
Code of the Philippines, consists of 2270 articles.
Only a handful of the articles mention hidden treasure, the most
significant of which being Article 438, which clearly states that "hidden
treasure belongs to the owner of the land, building, or other property on
which it is found." This means that the legal landowner is 100% owner
of all treasure located on or under his property.
Article 438 also affirms that, assuming a treasure-hunter is not
tresspassing (e.g. holding a contract to excavate), he is entitled to 50%
of the find on another's property.
It should be noted that these laws pertaining to treasure found
on private property have been in place since 1949 and that no effort has
since been made to change, repeal, or modify them.
National Caves and Cave Resources Management and Protection Act

Republic Act No. 9072, dated April 8, 2001, is known as the National
Caves and Cave Resources Management and Protection Act. The Act is
mainly concerned with the protection of animals living within natural
caves and the defacing of natural mineral formations such as stalactites
and stalagmites.
Section 14 states that "Presidential Decree No. 1726-A is hereby
modified" and that "treasure hunting in caves shall be governed by the
provisions of this Act."
The term "cave" is defined in Section 3(a) as "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," therefore man-made caves and tunnels
are not covered by the Act. However, all naturalcaves, whether on public
or private property are covered.
PRESIDENTIAL DECREE NO. 1726-A
(October 1, 1980)

PROVIDING GUIDELINES ON TREASURE HUNTING

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;
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;
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.
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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 permitteefinder.
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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.
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.
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FERDINAND E. MARCOS
President of the Philippines
By the President:
JOAQUIN T. VENUS, JR.
Presidential Assistant

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