DENR Administrative Order No. 2002-04: Rules and Regulations Governing the Issuance of Permits for Treasure Hunting, Shipwreck/Sunken Vessel Recovery and Disposition of Recovered Treasures/Valuable Cargoes, including Hoarded Hidden Treasure

• Qualified Applicants

  a. In case of an individual, the applicant must be a Filipino citizen, of legal age, with capacity to enter into contract and capable of conducting Treasure Hunting or Shipwreck/Sunken Vessel Recovery activities.

  b. In case of partnership, association or corporation – must be organized or authorized for the purpose of engaging in treasure hunting or shipwreck/sunken vessel recovery, duly registered in accordance with law, and with technical and financial capability to undertake treasure hunting or shipwreck/sunken vessel recovery activities.

• Procedures

  1. All applications shall be made under oath and shall be filled with the MINES & GEOSCIENCES BUREAU where all legal, technical, financial and operational requirements shall be evaluated. The mandatory requirements include:

  • Prescribed Personal and/or Corporate Information;
  • For partnership, associations or corporations;
    • Certified true copy of Certificate of Registration issued by the Securities and Exchange Commission (SEC) or concerned authorized Government agency;
    • Certified true copy of Articles of Incorporation/Partnership/Association and By-laws, and;
    • Organizational and Operational structure.
      
  • Consent of land owner(s), when the activities are bound to affect private lands or consent of the concerned Government Agency, when the activities affect Government buildings, dams, watersheds and other areas or sites reserved or used for purposes affecting vital national interest, military or naval camps, bases and reservations, shrines and other hallowed places; or consent of concessionaries when the permit area affects aquaculture or fishery projects or beach/marine recreation areas, if applicable;
  • Area clearance from concerned Government agency, when the activities affect public land or if the area applied for is located near submarine cables, pipelines, ports and harbors, or within protected seascape/area or marine parks, if applicable;
  • Certified true copy of Joint Venture Agreement (s), if any;
  • Free and prior informed consent of indigenous cultural community in areas covered by ancestral land domain;
  • Technical description of the site expressed in terms of latitude and longitude, which shall not be more than one (1) hectare for land or twenty (20) hectares for bodies of water accompanied by a vicinity map and location map duly prepared and certified by a licensed Geodetic Engineer: Provided, that a larger area may be allowed on a case to case basis subject to prior approval by the Secretary of the DENR.
  • Technical Work Program, including appropriate technology, manpower equipment and cost estimates;
  • Environmental Work Program, including the nature and extent of predicted damages to the environment, if any, and the proposed restoration/rehabilitation program and budgetary requirements. This shall be the basis for the assessment of the required surety bond for the restoration/rehabilitation works;
  • Certificate of Non-Coverage from the Environmental Management Bureau (if an Environmental Compliance Certificate (ECC) is not applicable);
  • Curriculum vitae of technical person/s who shall undertake the Technical and Environmental Work Programs;
  • Latest income/corporate tax return, if applicable;
  • Certified true copies of latest audited financial statements, if applicable, and;
  • Bank guarantees/references, credit lines, cash deposits, and other proofs or evidence of the sources of funding.

  *Upon submission of the above requirements, a non-refundable application fee in the amount of Ten Thousand Pesos (Php 10,000) shall be paid to the bureau.

  2. Within thirty (30) working days upon payment of a non-refundable application fee and submission of the complete requirements to the Bureau, the application shall be processed and evaluated by the Technical Review Committee, the members of which shall be constituted by the Director.

  The Technical Review Committee shall assist the Director on the following:
  o Plotting of area applied for in control map (s);
  o Evaluation and review of applications;
  o Determination of the amount of surety bond to be posted;
  o Monitoring of compliance with permitting terms and conditions;
  o Recommendation of any measure in connection with authorized activities, and;
  o Preparation of progress report on the said activities.

  If necessary, the evaluation shall include a field assessment/verification of the location, public or private structures that may be affected based on the submitted Technical and Environment Work Programs. The corresponding field verification fee of Two Thousand Pesos (Php 2,000.00) per man per shift shall be paid by the applicant.

  3. The Director shall endorse the results of the technical evaluation of the application to the Secretary for consideration and approval, including the recommendation for the amount of surety bond to be posted by the applicant.

  4. A surety bond shall be posted by the applicant upon the approval but before the release of the Permit, to answer for and guarantee payment for whatever actual damages that may be incurred during locating, digging and excavating activities. The applicant shall post the bond with the Government Service Insurance System (GSIS).