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S. NO. 1956 H. NO. 7275 / 97 OG No. 32, 4722 (Aug. 6, 2001) ; 15 VLD 2d 418

[ REPUBLIC ACT NO. 9072, April 08, 2001 ]

AN ACT TO MANAGE AND PROTECT CAVES AND CAVE RESOURCES AND FOR OTHER PURPOSES

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 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.

1. "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 man-made excavation.
   
2. "Cave resources" include 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.
   
3. "Secretary" means the Secretary of the Department of Environment and Natural Resources (DENR).
   
4. "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.
   
5. "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.
   
6. "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.
   

1. Formulate, develop and implement a national program for the management, protection and conservation of caves and cave resources;
   
2. Disseminate information and conduct educational campaign on the need to conserve, protect and manage our caves and cave resources;
   
3. Issue permits for the collection and removal of guano and other cave resources which shall be determined in coordination with the DOT, the National Museum, concerned LGUs, the scientific community and the academe, with regard to specific caves taking into consideration bio-diversity as well as the aesthetic 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 subject to the provisions of Republic Act No. 7586 or the National Integrated Protected Areas System Act of 1992;
   
4. 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;
   
5. 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;
   
6. Tap the cooperation of people's and nongovernmental organizations as active partners in the conservation and protection of our caves and cave resources; and
   
7. Exercise other powers and perform other functions as may be necessary to implement the provisions of this Act.
   

1. a description of the geographic site for which the information is sought;
   
2. an explanation of the purpose for which the information is sought; and
   
3. 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.
   

1. 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;
   
2. Gathering, collecting, possessing, consuming, selling, bartering or exchanging or offering for sale without authority any cave resource; and
   
3. Counselling, procuring, soliciting or employing any other person to violate any provision of this Section.
   

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 conveyances 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 provision 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.

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.

Approved: APR 08, 2001

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

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