Cave Protection Laws in the Philippines
REPUBLIC ACT NO. 9072
April 8, 2001
AN ACT TO MANAGE AND PROTECT CAVES AND CAVE RESOURCES AND FOR
OTHER PURPOSES
SECTION 1. Title. - This Act shall be known as the "National
Caves and Cave Resources Management and Protection Act."
Sec. 2. Declaration of Policy. - It is hereby declared the
policy of the State to conserve, protect and manage caves and
cave resources as part of the country's natural wealth. Towards
this end, the State shall strengthen cooperation and exchange of
information between governmental authorities and people who
utilize caves and cave resources for scientific, educational,
recreational, tourism and other purposes.
Sec. 3. Definition of Terms. - For purposes of this Act, the
following terms shall be defined as follows:
(a) "Cave" means any naturally occurring void, cavity, recess or
system of interconnected passages beneath the surface of the
earth or within a cliff or ledge and which is large enough to
permit an individual to enter, whether or not the entrance,
located either in private or public land, is naturally formed or
man made. It shall include any natural pit, sinkhole or other
feature which is an extension of the entrance. The term also
includes cave resources therein, but not any vug, mine tunnel,
aqueduct or other manmade excavation.
(b) "Cave resources" includes any material or substance
occurring naturally in caves, such as animal life, plant life,
including paleontological and archaeological deposits, cultural
artifacts or products of human activities, sediments, minerals,
speleogems and speleothems.
(c) "Secretary" means the Secretary of the Department of
Environment and Natural Resources (DENR).
(d) "Speleogem" means relief features on the walls, ceilings and
floor of any cave or lava tube which are part of the surrounding
bedrock, including but not limited to anastomoses, scallops,
meander niches, petromorphs and rock pendants in solution caves
and similar features unique to volcanic caves.
(e) "Speleothem" means any natural mineral formation or deposit
occurring in a cave or lava tube, including but not limited to
any stalactite, stalagmite, helictite, cave flower, flowstone,
concretion, drapery, rimstone or formation of clay or mud.
(f) "Significant Cave" refers to a cave which contains materials
or possesses features that have archaeological, cultural,
ecological, historical or scientific value as determined by the
DENR in coordination with the scientific community and the
academe.
Sec. 4. Implementing Agency. - The DENR shall be the lead agency
tasked to implement the provisions of this Act in coordination
with the Department of Tourism (DOT), the National Museum, the
National Historical Institute and concerned local government
units (LGUs) for specific caves, except that in the Province of
Palawan, the Palawan Council for Sustainable Development shall
be the lead implementing agency pursuant to Republic Act No.
7611 or the Strategic Environmental Plan for Palawan Act.
Sec. 5. Powers and Functions of the Department of Environment
and Natural Resources (DENR) - In the implementation of this
Act, the DENR shall exercise the following powers and functions:
(a) Formulate, develop and implement a national program for the
management, protection and conservation of caves and cave
resources;
(b) Disseminate information and conduct educational campaign on
the need to conserve, protect and manage our caves and cave
resources;
(c) Issue permits for the collection and removal of guano and
other cave resources which shall be determined in coordination
with the DOT, National Museum, concerned LGUs, the scientific
community and the academe, with regard to specific caves taking
into consideration bio-diversity as well as the aesthethic and
archaeological value of the cave: Provided, that the permittee
shall be required to post a bond to ensure compliance with the
provisions of any permit: Provided, further, that any permit
issued under this Section shall be revoked by the Secretary when
the permittee violates any provision of this Act or fails to
comply with any other condition upon which the permit was
issued: Provided furthermore, That the Secretary cannot issue
permits for the removal of stalactites and stalagmites, and when
it is established that the removal of the resources will
adversely affect the value of a significant cave: Provided,
finally, That caves located within a protected area shall be
subjected to the provisions of Republic Act No. 7586 or the
National Integrated Protected Area System Act of 1992;
(d) Call on any local government unit, bureau, agency, state
university or college and other instrumentalities of the
government for assistance as the need arises in the discharge of
its functions;
(e) Enter into a memorandum of agreement with any local
government unit (LGU) for the preservation, development and
management of cave or caves located in their respective
territorial jurisdiction;
(f) Tap the cooperation of people's and non-governmental
organizations as active partners in the conservations and
protection of our caves and cave resources; and
(g) Exercise other powers and perform other functions as may be
necessary to implement the provisions of this Act.
Sec. 6. Information Concerning the Nature and Location of
Significant Caves - Information concerning the nature and
specific location of a potentially significant cave shall not be
made available to the public within one (1) year after its
discovery by the DENR, during which time the DENR in
coordination with the DOT, the National Museum, the National
Historical Institute, concerned LGUs the scientific community
and the academe shall assess its archaeological, cultural,
ecological, historical and scientific value, unless a written
request is made and the Secretary determines that disclosure of
such information will further the purpose of this Act and will
not create a substantial risk of harm, theft or destruction on
such cave.
The written request shall contain, among others, the following:
(a) a description of the geographic site for which the
information is sought;
(b) an explanation of the purpose for which the information is
sought;
(c) an assurance or undertaking satisfactory to the Secretary
that adequate measures are to be taken to protect the
confidentiality of such information and to ensure the protection
of the cave from destruction by vandalism and unauthorized use.
Sec. 7. Prohibited Acts. - The following shall be considered
Prohibited Acts:
(a) Knowingly destroying, disturbing, defacing, marring,
altering, removing, or harming the speleogem or speleothem of
any cave or altering the free movement of any animal or plant
life into or out of any cave;
(b) Gathering, collecting, possessing, consuming, selling,
bartering or exchanging or offering for sale without authority
any, cave resource; and
(c) Counselling, procuring, soliciting or employing any other
person to violate any provisions of this Section.
Sec. 8. Penalties. - Any person found guilty of any of the
offenses enumerated under Section 7 hereof shall be punished by
imprisonment from two (2) years to six (6) years or a fine
ranging from Twenty thousand pesos (P20,000) to five hundred
thousand pesos (P500,000.00) or both at the discretion of the
Court: Provided, That the person furnishing the capital to
accomplish the acts punishable herein shall be punished by
imprisonment from six (6) years and one (1) day to eight (8)
years or by a fine ranging from Five hundred thousand pesos
(P500,000.00) to One million pesos (P1,000,000.00) or both at
the Discretion of the Court: Provided, further, That if the area
requires rehabilitation or restoration as determined by the
Court, the offender shall also be required to restore the same,
whenever practicable or compensate for the damage: Provided
finally that if the offender is a government employee, he or she
shall likewise be removed from office.
Sec. 9. Administrative Confiscation and Conveyance. - The
Secretary shall order the confiscation, in favor of the
Government of the cave resources gathered, collected, removed,
possessed or sold including the conveyance and equipment used in
violation of Section 7 hereof.
Sec. 10. Fees. - Any money collected by the DENR as permit fees
for collection and removal of cave resources, as a result of the
forfeiture of a bond or other security by a permittee who does
not comply with the requirements of such permit issued under
this Act or by way of fines for violations of this Act shall be
remitted to the National Treasury.
Sec. 11. Implementing Rules and Regulations. - The DENR shall,
within six (6) months from the effectivity of this Act, issue
rules and regulations necessary to implement the the provisions
hereof.
Sec. 12. Appropriations. - The amount necessary to carry out the
provisions of this Act shall be included in the General
Appropriations Act of the year following its enactment into law
and thereafter.
Sec. 13. Separability Clause. - If any provisions of this Act is
subsequently declared unconstitutional, the remaining provisions
shall remain in full force and effect.
Sec. 14. Repealing Clause. - Presidential Decree No. 1726-A is
hereby modified. Treasure hunting in caves shall be governed by
the provisions of this Act.
Except Presidential Decree No. 412 and Republic Act No. 4846,
all other laws, decrees, orders and regulations or parts thereof
which are inconsistent with any of the provisions of this Act
are hereby repealed or amended accordingly.
Sec. 15. Effectivity. - This Act shall take effect fifteen (15)
days following its publication in two (2) national newspapers of
general circulation.