Senator Loren Legarda has filed a measure that seeks 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.

In filing Senate Bill No. 1860, Legarda aims 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.

“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,” Legarda said. 

“It demands our collective effort to protect, preserve, and pass on to future generations,” she said.

First introduced during Martial Law and later retained in the National Cultural Heritage Act of 2009, the senator said the treasure-hunting permit system has led to the destruction of archaeological sites in the country.

It also facilitated the commercial exploitation of the nation’s patrimony, she lamented.

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

SB No. 1860 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.

Legarda 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. 

By repealing the treasure-hunting law, she said the Philippines will more closely align with international best practices in cultural heritage protection.

Moreover, the bill also prohibits excavation or digging activities without the supervision of a certified archaeologist.

Also all permitted excavation activities must be conducted scientifically, properly documented, and for public benefit rather than private gain.

“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,” said the chairperson of the Senate Committee on Culture and the Arts.