Legislative Gaps in Protecting underwater cultural heritage in the Philippines

What is it about?

This chapter sheds lght on shipwrecks discovered in the Philippines and the laws that protect underwater cultural heritage, such as sunken vessels and ancient artefacts therein. Although the country does not have a specific law focused on its UCH, the National Cultural Heritage Act of 2009 plays a key role in safeguarding all types of heritage, including those found underwater. The authors argue that legislative gaps hinder the full protection of UCH in the country. The current permit system could be improved, and for years, there has been a lack of strong government action to develop a law that focuses only on UCH. Overall, while the country has made progress in protecting its underwater heritage, more work is needed to raise awareness and strengthen legal support specifically for shipwrecks and other submerged cultural sites.

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Why is it important?

This chapter is important because it provides a much-needed overview of how the Philippines currently manages and protects its underwater cultural heritage (UCH), despite lacking a dedicated law on the subject. By mapping out the shipwrecks excavated in the country and examining the existing legislative and institutional framework, the chapter highlights both the progress made and the persistent gaps in the governance of UCH. It also offers insight into why stronger legal frameworks are urgently needed. By identifying inconsistencies in the permit process, limited public engagement, and the absence of political momentum to pass a dedicated UCH law, the chapter lays the groundwork for further discussion on reform. More broadly, the chapter situates the Philippine experience within global standards, such as the 2001 UNESCO Convention, helping readers understand how national policy may fail to align with international best practices. Overall, this chapter serves as a foundation for future research, advocacy, and policymaking on underwater cultural heritage in the Philippines.