Senator Legarda wants a change in Martial Law-era policy on treasure-hunting in PH

Senator Loren Legarda filed a bill seeking to repeal Presidential Decree No. 1726-A—the Martial Law-era policy that established government guidelines for treasure hunting in the Philippines.

Legarda also wants to remove the treasure-hunting permit provision embedded in Republic Act No. 10066, or the National Cultural Heritage Act of 2009.

Legarda filed Senate Bill No. 1860 aiming to safeguard the country’s archaeological sites and cultural heritage from commercial exploitation, while aligning Philippine laws with international standards in heritage conservation.

“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 pointed out that the treasure-hunting permit system, introduced during Martial Law and later retained in the 2009 heritage law, has contributed to the destruction of archaeological sites and enabled the commercial exploitation of national patrimony.

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

Under the bill, the National Commission for Culture and the Arts (NCCA) will be tasked to craft comprehensive rules and regulations to oversee all archaeological activities nationwide, whether on land or underwater.

The four-term senator also noted that the current system runs counter to the Philippines’ obligations under the 1972 World Heritage Convention and the 2003 Convention for the Safeguarding of the Intangible Cultural Heritage of UNESCO, which require State Parties to protect heritage sites from commercial exploitation.

She added that repealing the treasure-hunting law would bring the country closer to global best practices in cultural heritage protection.

The proposed legislation further provides that no excavation or digging may be undertaken without the supervision of a certified archaeologist, ensuring that all activities are conducted scientifically, properly documented, and carried out for public benefit rather than private gain.

Legarda underscored that archaeological and cultural properties are part of the nation’s patrimony and must be preserved for public benefit.

“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,” she 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,” Legarda added.

As chair of the Senate Committee on Culture and the Arts, Legarda has authored and championed key measures, including the National Cultural Heritage Act (Republic Act No. 10066) and the Cultural Mapping Law (Republic Act No. 11961), which mandates a comprehensive inventory of the country’s cultural heritage.