QuestionsQuestions (PCSD ADMINISTRATIVE ORDER NO. 08, S. 2003)
It is issued pursuant to Section 11 of Republic Act No. 9072 and adopts and revises the DENR rules and regulations for implementation of the National Caves and Cave Resources Management and Protection Act, as made applicable in Palawan.
The State shall conserve, protect, and manage caves and cave resources as natural wealth; strengthen cooperation and information exchange between government authorities and cave users; and promote widest participation of different sectors in planning, implementing, monitoring, and evaluation of cave activities.
It covers all caves and cave resources within public domain and private lands in Palawan, excluding manmade excavation, vug, mine tunnel, aqueducts, and similar exclusions specified by the Order.
A 'cave' is any naturally occurring void/cavity/recess or interconnected passages large enough for a person to enter, on private or public land, including natural pits and sinkholes; it excludes vugs, mine tunnels, aqueducts, and other man-made excavations.
Cave resources are naturally occurring materials/substances in caves, including animal life and plant life, paleontological and archaeological deposits, cultural artifacts, products of human activities, sediments, minerals, speleogens, and speleothems; it also includes animal derivatives such as edible birds’ nests and guano.
The Palawan Council for Sustainable Development (PCSD) is the lead implementing agency, created under Section 16 of Republic Act No. 7611.
LGUs (pursuant to RA 7160) manage and protect caves; National Museum manages caves with cultural/paleontological/archaeological values (RA 4846); NHI manages caves with historical value (PD 1505-78); DOT promotes ecotourism and provides visitor management guidelines (EO 111 and Joint DENR-DOT MC 98-02).
The PCSD conducts planning, technical assistance, monitoring, and evaluation; coordinates cave assessments; disseminates information and education campaigns; issues permits for the collection and removal of guano and other cave resources; determines bonds and fees; and performs other functions necessary to implement RA 9072.
The landowner must secure the necessary permit from the PCSD for the use, collection, or removal of any cave resource found in the private land.
The PCSD must secure the Free and Prior Informed Consent (FPIC) of the concerned indigenous people for management and protection of caves and cave resources within ancestral domains/lands; research and other activities by other entities are also subject to the same FPIC.
Information about the cave’s nature and specific location is not to be made public within one (1) year after discovery; during that period the PCSDS assesses the cave’s value, and disclosure may be made earlier only upon written request and PCSD approval.
The request must include: (a) description of the geographic site; (b) explanation of purpose; and (c) assurance/undertaking satisfactory to the PCSD that adequate measures will protect confidentiality and safeguard the cave from destruction, vandalism, and unauthorized zoning.
It is the program formulated by the PCSD in coordination with concerned agencies covering present and future initiatives related to management and protection of cave ecosystems and resources. Components include: cave resource assessment; resource management and utilization; conservation/education/public awareness; human resource development; and research and development.
Any person or institution that discovers a cave must report the location to the nearest PCSDS office, after which the PCSDS plans appropriate activities for the reported cave.
Caves may be used for scientific, economic, educational, ecotourism, and other purposes based on assessment and classification; the PCSD determines appropriate use and allowable activities, which may be subject to the Environmental Impact Statement (EIS) system and other rules as appropriate.
(1) PCSD issues edible birds’ nest extraction permits to concessionaires upon submission of a management plan and posting of a bond; PCSD may also issue permits to individual nest gatherers under terms and conditions it imposes. (2) Visitor permits for ecotourism-classified caves are issued by PCSD upon prior clearance from the appropriate tourism office.
It is prohibited to knowingly destroy/disturb/deface/marr/alter/remove/harm speleogens or speleothems or alter animal/plant movement in/out of any cave; to gather/collect/possess/consume/sell/barter/exchange/offer for sale any cave resource without authority; and to counsel/procure/solicit/employ others to violate Section 17.
For prohibited acts: imprisonment of two (2) years to six (6) years or a fine of ₱20,000 to ₱500,000, or both, at the court’s discretion. For the person furnishing the capital: imprisonment of six (6) years and one (1) day to eight (8) years or a fine of ₱500,000 to ₱1,000,000, or both, at the court’s discretion.
CPEOs may be deputized from barangay LGUs, locally based NGOs, community organizations, indigenous people, and other volunteers who have undergone necessary training; law enforcement agencies personnel (PNP, AFP, NBI, and other law enforcement agencies) may also be designated. They are authorized to seize objects and arrest violators of RA 9072 and this Order, subject to arrest and seizure rules under existing law.