Question & AnswerQ&A (Republic Act No. 9072)
The short title of Republic Act No. 9072 is the "National Caves and Cave Resources Management and Protection Act."
The policy of the State is to conserve, protect and manage caves and cave resources as part of the country's natural wealth and to 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.
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 that is large enough to permit an individual to enter, whether entrance is natural or man-made. It includes natural pits, sinkholes or other extensions of the entrance, and cave resources therein but excludes vugs, mine tunnels, aqueducts or other man-made excavations.
Cave resources include any material or substance occurring naturally in caves such as animal life, plant life, paleontological and archaeological deposits, cultural artifacts or products of human activities, sediments, minerals, speleogems, and speleothems.
The Department of Environment and Natural Resources (DENR) is the lead agency tasked to implement the provisions of this Act, in coordination with other agencies like the Department of Tourism (DOT), National Museum, National Historical Institute, and concerned local government units (LGUs), except in Palawan where the Palawan Council for Sustainable Development leads implementation.
The DENR can formulate and implement national programs for caves management, disseminate information and educational campaigns, issue permits for collection and removal of cave resources (with conditions), revoke permits when violated, coordinate with LGUs and other agencies, enlist cooperation of NGOs and exercise other necessary powers.
Yes, permits are required for the collection and removal of guano and other cave resources. The permits must be issued by DENR in consultation with concerned agencies and must consider biodiversity and archaeological value. Permittees must post a bond and are prohibited from removing stalactites and stalagmites if it affects the cave’s value.
Information concerning the nature and location of a potentially significant cave is not made available to the public within one year after discovery to protect the cave while its value is assessed, unless a written request is made and approved by the DENR Secretary with assurances for the cave’s protection.
Prohibited acts include knowingly destroying, disturbing, defacing, marring, altering, removing or harming speleogems or speleothems of caves, altering free movement of animal or plant life in caves, and gathering, possessing, selling or offering cave resources without authority, as well as counselling or soliciting others to commit such violations.
Violators face imprisonment from two to six years or fines from P20,000 to P500,000, or both. Those who finance these acts face harsher penalties of six years and one day to eight years imprisonment or fines from P500,000 to P1,000,000, or both. Government employees may be removed from office. Offenders may also be required to restore or compensate for damage to caves.
Yes, the Secretary may order administrative confiscation in favor of the government of cave resources gathered, collected, removed, possessed, or sold in violation of the Act, including conveyances and equipment used in the offenses.
Any money collected by DENR as permit fees, bond forfeitures by non-complying permittees, or fines for violations shall be remitted to the National Treasury.
This Act took effect fifteen days following its publication in two national newspapers of general circulation.
If any provision is declared unconstitutional, the remaining provisions of the Act shall remain in full force and effect according to the Separability Clause.