HIDDEN TREASURE.

Treasure is understood for legal purposes, to be any hidden and

unknown deposit of money, jewelry, or other precious objects, the lawful ownership of which
does not appear.

As a general rule, hidden treasure belongs to the owner of the land, building or other property
(real or personal) on which it is found.

As to the exception, if the finder is not the owner, the owner is entitled to only ½ and the finder
is entitled to the other ½ provided that:’

1. Discovery was made on the property of another, or of the state or any of its political
subdivisions;

2. The finding was made by chance (or by stroke of good luck as for example one who
looks for hidden treasure on the property of another with the latter’s permission);

3. The finder is not a co-owner of the property where it is found; and

4. The finder is not a trespasser.

However, if the things found be of interests to science or the arts, the State may acquire them at
their just price, which shall be divided in conformity with the rule stated.

In one case, a legatee in a will inherited some books. Inside one of the books was found a wad of
money bills. It was proved that the books and the money had been used by the testator. For this
reason, it was held that the money did not constitute hidden treasure, because its lawful
ownership appeared.

For the finder to be entitled to ½, the discovery on another’s property must be “by chance”
meaning by good luck, whether there was no prior agreement on how the treasure, if found,
would be divided. The reason is evident because it is extremely difficult to find hidden treasure
without looking for it deliberately, for in many instances, the treasure is buried, that is hidden,
sometimes many feet under the ground.

In the case of paid laborers, a distinction must be made, if he really discovered the property by
chance, he gets half. If on the other hand, he had been employed precisely to look for the
treasure, he will get nothing insofar as the treasure is concerned. He will get then his wages or
salary.

In the case if the hidden treasure found under the Government property, half goes to the finder
and the other half to the state. However, if the hidden treasure is scientifically or artistically
valuable, the finder’s half has to be given to the state, who in turn will give him a just price
therefor. The acquisition here by the state is a particular form of eminent domain or
expropriation, hence, the procedure thereon should substantially followed.
In the case of a trespasser who discovers hidden treasure is not entitled to any share of the
treasure. If a person lawfully allowed to enter discovers the treasure, but does not reveal the fact
of discovery, he does not thereby become a trespasser, in view of the permission to enter. Thus,
he is entitled still to his share.

In the case of treasure hunt, whereas there was an express search for hidden treasure. An owner
of land may for example contract with a group of men who would look for the treasure. Should
discovery be made, the actual finders will not necessarily be entitled to half. Instead, they will be
given what has been stipulated in the contract.

SPECIAL RULES:

1.In the case if the finder is married under the absolute community or the conjugal partnership
system, his or her share belongs to the community.

2. In the case the finder is an agent or employee of the landowner he is entitled to ½ if his
function as such is not to look for treasure. ( example: he is only tasked to dig a canal and he
found treasure in the course of digging) but he is not entitled if his function is and is paid
precisely to look for treasure.

3. The usufructuary is treated as a stranger if he finds hidden treasure on the property that is
object of the usufruct.

If the ownership of the treasure is known, but the owner is already dead, same will not be
considered hidden treasure and must therefore go to the owner’s rightful heirs. If the only legal
heir left is the state, the treasure will appertain to the State’s patrimonial property.