Republic Act No. 9072

Republic Act No.
9072
April 8, 2001
H. No. 7275
S. No. 1956
Republic of the Philippines
Congress of the Philippines
Metro Manila
Eleventh Congress
Third Regular Session
Begun and held in Metro Manila, on Monday, the twenty-fourth day of
July, two thousand.
[REPUBLIC ACT NO. 9072]
AN ACT TO MANAGE AND PROTECT
RESOURCES AND FOR OTHER PURPOSES
CAVES
AND
CAVE
Be it enacted by the Senate and House of Representatives of the

Philippines in Congress assembled:
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 countrys 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 the purpose 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 on 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 man-made 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, speleogens and
speleothems.
(c) Secretary means the Secretary of the Department of Environment
and Natural Resources (DENR).
(d) Speleogen means relief features on the walls, ceilings and floors
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 stalactite,
stalagmite, helictite, cave flower, flowstone, drapery, rim stone or
formation of clay or mud.
(f) Significant cave refers to a cave, which contains materials or
possesses features that have archeological, cultural, ecological,
historical or scientific value as determined by the DENR in coordination
with the scientific community and the academe.
SEC. 4. Implementing Agencies. 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 implement this Order and 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 peoples and nongovernmental 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;
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 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) yrs 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 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.
Approved:
(Sgd.) AQUILINO Q. PIMENTEL JR.
President of the Senate
(Sgd.) FELIC
Speake
of Rep
This Act which is a consolidation of House Bill No. 7275 and Senate Bill
No. 1956 was finally passed by the House of Representatives and the
Senate on February 8, 2001 and February 5, 2001, respectively.
(Sgd.) LUTGARDO B. BARBO
Secretary of the Senate
Approved: APR 08 2001

(Sgd.) GLORIA MACAPAGAL-ARROYO
President of the Philippines
(Sgd.) ROBE
Secre
House of

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Republic Act No.

Be it enacted by the Senate and House of Representatives of the

public land, is naturally formed or man-made. It shall include any

(a) Formulate, develop and implement a national program for the

Approved: APR 08 2001

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