National Caves and Cave Resources Management and Protection Act, Republic Act No. 9072

(a) "Cave" means any naturally occurring void, cavity, recess or system of interconnected passagesbeneath the surface , 2 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. I t shall include any natural pit, sinkhole or other feature which is an extension of the entrance. The term also includes caveresources therein, but not any vug, mine tunnel, aqueduct or other man- madeexcavation.

(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, speleogemsand speleothems.

(c) "Secretary" means the Secretary of the Department of Environment and Natural Resources(DEl'I.'R).

(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, meanderniches, petromorphs and rock pendants in solution caves and similar features unique to volcanic caves. (b "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 possessesfeatures 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 01.. . 3 implementation of this Act, the DENR shall exercisethefollowing powers and functions: (a) Formulate, develop and implement a nationalprogram for the management, protection and conservationof cavesand cave resources; (b) Disseminate information and conduct educational campaign on the need to conserve, protect and manageour caves and cave resources; (c) Issue permits for the collection and removalof guano and other caveresourceswhich shall be determinedin coordination with the DOT, the National Museum, concernedLGUs, the scientific community and the academe, with regard to specific cavestaking into consideration bio-diversity as wellastheaesthetic and archaeologicalvalue of the cave: ProVl"ded,Thatthepermittee shall be required to post a bond to ensure compliancewith the provisions of any permit: Protided, further, That any permit issued under this Section shall be revoked by the Secretarywhen the permittee violates any provision of this Act orfailsto comply with any other condition upon which the permit was issued: Fronded. furthermore, That the Secretary cannotissuepermits for the removal of stalactites and stalagmites, and when it is established that the removal of the resourceswilladverselyaffect the value of a significant cave:,Pronded, .6naIly-Thatmveslocated within a protected area shall be subject tothe provisiomofRepublic Act No. 7586 or the National Integrated ProtectedAreasSystem Act of 1992; (d) Call on any local government unit, bureau,agency,state university or collegeand other instrumentalities ofthegovernment for assistance as the need arises in the dischargeof its functions;

(e) Enter into a memorandum of agreementwith anylocal government unit (LGU) for the preservation, developmentand management of cave or caveslocated in their respective territorial jurisdiction;

(f) Tap the cooperation of people's and nongovernmental organizations as active partners in the conservation andprotection of our caves and cave resources; and

(g) Exercise other powers and perform otherfunctions as may be necessary to implement the provisions oftbisAct" c 4 SEC.6. Information Concerning the Nature and Location ofSignf.5cant 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, concernedLGUs, the scientific community and the academe,shall assess its archaeological, cultural, ecological, historical and ( scientific value, unless a written request is made and tile 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; and (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 tile 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, selliIlg, bartering or exchanging or offering for sale without autilority any caveresource; and (c) Counselling~procuring, soliciting or employing any other person to violate any provision of this Section. SEC.8. Penalties. -Any person found guilty of any of thei. offensesenumerated under Section 7 hereof shall be punished byI. imprisonment from two (2) years to six (6) years or a fine ranging ~.:~: from Twentyl o'Cfusand pesos (p20,OOO.OO)to Five hundred" ii"," .i: '\ --~ , ~ thousand pesos (p500,OOO.OO) 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,OOO.OO) to One million pesos (p1,OOO,OOO.OO) or both, at the discretion ofthe Court: ProVl.ded, 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, orrompensate for the damage: Provided, finally, That if the offender is a government employee, he or she shall likewise be removedfrom office. SEC.9. An'miniqtrative 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 conveyancesand equipment usedin violationof Section7hereof. SEC. 10. Fees. -Any money collected by the DENR as permit fees for oollectionand removal of cavereso~ asa result of the forfeiture of a bond or other security by a permitteewho doesnot oomplywith the requirements of suchpermit]&qued under this Act or by way of fines for violations of this Act shallberemitted to the National Treasury. SEC.!!. ImplementingRulesandReguiations.-TheDENR shall, within six (6) months from the effectivity of thisAct, issue rules and regulationsnecessaryto implement the provmions hereof. SEC.12. Appropriations. -The amount neressarytocarry out the provisions of this Act shall be included in the General Appropriations Act of the year following its enactmentinto law and thereafter. SEC.13. Separability Clause. -If any provisionof this Act 1 is subsequently declared unconstitutional, theremaining provisions shall remain in full force and effect. SEC.14. Repealing CIause.-Presidential Decree No.1726- A is herebymodified. Treasure hunting in cavesshallbegoverned by the provisions of this Act. Except Presidential Decree No. 412 and RepublicAa-No. 008~ 4846, all other laws, decrees, orders and regulations,01 ...ts 6 thereof, which are inconsistent with any of the provisions of this Act are hereby repealed or amended accordingly. SEC.15. Effecu°vity.-This Act shall take effect fIfteen (15) days following its publication in two (2) national newspapers of general circulation. Approved, ",_~,-,/I (~:~~:..-; &~ "52- PIMENTEL JR. FELICIANO BELMONTE JR. PresidentoftheSenate SpeakeroftheHouse ofRepresentatives This Act which which is a consolidation of House Bill No. 7275 and Senate Bill No. 1956 was finally passed by the House of Representativesand the Senateon February 8,2001 and February 5,2001, respectively. ~.~~:~j~~~~~..c-..4-U- - /!:~~~~:= ,I):ecretaryofthe Senate .P.NAZARENO ry General epresentatives Approved: APR 0 0 ZIt1 Received "T MAY 1 3 2001 President of/1hePhilippines Date 0 ~ ~ )"'i:"':~'"'~;1" ;',ii. ", 'c "".:~. oj': :. ".~.,::: :_!:~;:. ~III'IIIIIIIIIIIII'IIIIIIIIII'IIIII PGMA Outgoing' 01618