QuestionsQuestions (Republic Act No. 9072)
RA 9072 is titled the “National Caves and Cave Resources Management and Protection Act.” It aims to manage, conserve, protect, and regulate caves and cave resources as part of the country’s natural wealth.
A “cave” is any naturally occurring void/cavity/system of interconnected passages beneath the earth’s surface (or within a cliff/ledge) large enough for a person to enter, whether the entrance is naturally formed or man-made. It includes natural pits/sinkholes and related features extending the entrance. It also includes cave resources therein, but excludes vugs, mine tunnels, aqueducts, and other man-made excavations.
“Cave resources” include naturally occurring materials/substances in caves such as animal life, plant life (including paleontological and archaeological deposits), cultural artifacts/products of human activities, sediments, minerals, speleogems, and speleothems.
A “speleogem” refers to relief features on cave walls/ceilings/floor that are part of the surrounding bedrock (e.g., anastomoses, scallops, meander niches, petromorphs, rock pendants in solution caves). A “speleothem” refers to natural mineral formations/deposits in caves/lava tubes (e.g., stalactites, stalagmites, helictites, cave flowers, flowstone, concretions, drapery, rimstone, or clay/mud formations).
A “significant cave” is one containing materials or possessing features with archaeological, cultural, ecological, historical, or scientific value as determined by DENR in coordination with the scientific community and the academe.
DENR is the lead agency. In Palawan, the Palawan Council for Sustainable Development serves as the lead implementing agency pursuant to RA 7611 and the Strategic Environmental Plan for Palawan Act.
DENR may issue permits for the collection and removal of guano and other cave resources, in coordination with DOT, the National Museum, LGUs, the scientific community, and the academe, considering biodiversity and the cave’s aesthetic and archaeological value. The permittee must post a bond, and permits may be revoked for violations or noncompliance.
DENR cannot issue permits for the removal of stalactites and stalagmites, and when it is established that removal would adversely affect the value of a significant cave.
No. Information about the nature and specific location of a potentially significant cave should not be made public within one (1) year after discovery by DENR, while assessment is conducted—unless there is a written request and the Secretary determines disclosure serves the Act’s purpose and does not create a substantial risk of harm, theft, or destruction.
It must include: (a) a description of the geographic site; (b) an explanation of the purpose of the request; and (c) an assurance/undertaking satisfactory to DENR that adequate measures will be taken to protect confidentiality and protect the cave from vandalism and unauthorized use.
Prohibited acts include: (1) knowingly destroying/disturbing/defacing/marring/altering/removing/harming speleogem or speleothem or altering free movement of animal/plant life into or out of a cave; (2) gathering/collecting/possessing/consuming/selling/bartering/exchanging/offering for sale without authority any cave resource; and (3) counselling, procuring, soliciting, or employing others to violate Section 7.
General offenders face imprisonment of two (2) to six (6) years or a fine of P20,000 to P500,000 or both. The person furnishing the capital faces imprisonment of six (6) years and one (1) day to eight (8) years or a fine of P500,000 to P1,000,000 or both.
The offender may be required to restore the area when practicable, or compensate for the damage, if the area requires rehabilitation or restoration as determined by the court.
If the offender is a government employee, he or she shall likewise be removed from office.
DENR Secretary may order confiscation in favor of the government of cave resources gathered/collected/removed/possessed/sold in violation of Section 7, including the conveyances and equipment used in violation.
Money collected by DENR as permit fees, including amounts from forfeiture of bond/security for noncompliance or fines for violations, is remitted to the National Treasury.
RA 9072 modifies Presidential Decree No. 1726-A. It provides that treasure hunting in caves shall be governed by RA 9072. It also states that, except PD 412 and RA 4846, all other inconsistent laws, decrees, orders, regulations, or parts are repealed or amended accordingly.
It takes effect fifteen (15) days following its publication in two (2) national newspapers of general circulation.