Cave resources protection law

Policy and declared purpose

The State must conserve, protect and manage caves and cave resources as part of the country’s natural wealth.
The State must 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.

Key definitions and coverage concepts

A “Cave” is any naturally occurring void, cavity, recess, or system of interconnected passages beneath the surface of the earth or within a cliff or ledge, large enough to permit an individual to enter, whether the entrance is naturally formed or man-made.
A “Cave” includes natural pits, sinkholes, or other features that extend the entrance, and includes cave resources therein, but excludes vug, mine tunnel, aqueduct, or other man-made excavation.
“Cave resources” include naturally occurring materials or substances in caves, including animal life, plant life, paleontological and archaeological deposits, cultural artifacts or products of human activities, sediments, minerals, speleogems and speleothems.
“Secretary” means the Secretary of the Department of Environment and Natural Resources (DENR).
“Speleogem” means relief features on the walls, ceilings, and floor of a cave or lava tube that are part of the surrounding bedrock, including features such as anastomoses, scallops, meander niches, petromorphs, and rock pendants in solution caves and similar features unique to volcanic caves.
“Speleothem” means natural mineral formations or deposits in a cave or lava tube, including stalactites, stalagmites, helictites, cave flowers, flowstone, concretions, draperies, rimstone, or formations of clay or mud.
“Significant cave” refers to a cave containing materials or possessing features with archaeological, cultural, ecological, historical, or scientific value, as determined by the DENR in coordination with the scientific community and the academe.

Implementing authority and lead agency

The DENR is the lead agency to implement the 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.
In the Province of Palawan, the Palawan Council for Sustainable Development is the lead implementing agency pursuant to Republic Act No. 7611 or the Strategic Environmental Plan for Palawan Act.

DENR powers, permits, and local coordination

The DENR must formulate, develop, and implement a national program for management, protection, and conservation of caves and cave resources.
The DENR must disseminate information and conduct an educational campaign on the need to conserve, protect, and manage caves and cave resources.
The DENR must issue permits for the collection and removal of guano and other cave resources, determined in coordination with the DOT, the National Museum, concerned LGUs, the scientific community, and the academe, for specific caves considering biodiversity and the aesthetic and archaeological value of the cave.
Permittees must post a bond to ensure compliance with provisions of any permit.
The Secretary must revoke permits issued under the Act when the permittee violates any provision of the Act or fails to comply with any other condition on which the permit was issued.
The Secretary must not issue permits for the removal of stalactites and stalagmites.
The Secretary must not issue permits for removal of cave resources when removal has been established to adversely affect the value of a significant cave.
Caves located within a protected area must be subject to Republic Act No. 7586 or the National Integrated Protected Areas System Act of 1992.
The DENR must call upon LGUs, bureaus, agencies, state universities or colleges, and other government instrumentalities for assistance as needed.
The DENR must enter into a memorandum of agreement with any LGU for preservation, development, and management of cave or caves located in the LGU’s territorial jurisdiction.
The DENR must tap cooperation of people’s and nongovernmental organizations as active partners in conservation and protection.

Confidentiality of potentially significant cave information

Information about the nature and specific location of a potentially significant cave must not be made available to the public within one (1) year after discovery by the DENR.
During the one-year period, the DENR must assess the cave’s archaeological, cultural, ecological, historical, and scientific value in coordination with the DOT, National Museum, National Historical Institute, concerned LGUs, the scientific community, and the academe.
Disclosure within the one-year period is allowed when a written request is made and the Secretary determines disclosure:
- furthers the purpose of the Act, and
- does not create a substantial risk of harm, theft or destruction of the cave.
Written requests must contain:
- a description of the geographic site where the information is sought;
- an explanation of the purpose for which the information is sought; and
- an assurance or undertaking satisfactory to the Secretary that adequate measures will be taken to protect confidentiality and ensure the cave’s protection from vandalism and unauthorized use.

Prohibited acts

Knowingly destroying, disturbing, defacing, marring, altering, removing, or harming the speleogem or speleothem of any cave is prohibited.
Knowingly altering the free movement of any animal or plant life into or out of any cave is prohibited.
Gathering, collecting, possessing, consuming, selling, bartering, exchanging, or offering for sale without authority any cave resource is prohibited.
Counseling, procuring, soliciting, or employing any other person to violate any provision of the prohibited acts section is prohibited.

Criminal penalties and related consequences

For prohibited acts under Section 7, a person found guilty is punished by imprisonment from two (2) years to six (6) years or a fine ranging from PHP 20,000 to PHP 500,000, or both, at the discretion of the Court.
The person furnishing the capital to accomplish the prohibited acts is punished by imprisonment from six (6) years and one (1) day to eight (8) years or a fine ranging from PHP 500,000 to PHP 1,000,000, or both, at the discretion of the Court.
If the area requires rehabilitation or restoration as determined by the Court, the offender must restore it whenever practicable or compensate for the damage.
If the offender is a government employee, the employee must likewise be removed from office.

Administrative confiscation and forfeiture effect

The Secretary must order confiscation in favor of the government of cave resources gathered, collected, removed, possessed, or sold in violation of Section 7.
The confiscation also covers the conveyances and equipment used in violation of Section 7.

Remittance of permit fees, forfeitures, and fines

Money collected by the DENR as permit fees for collection and removal of cave resources must be remitted to the National Treasury.
Money collected by forfeiture of a bond or other security by a permittee who does not comply with permit requirements must be remitted to the National Treasury.
Money collected by way of fines for violations of the Act must also be remitted to the National Treasury.

Implementation rules, appropriations, and continuity

The DENR must issue implementing rules and regulations within six (6) months from the effectivity of the Act.
The amount necessary to carry out the Act must be included in the General Appropriations Act of the year following enactment and thereafter.

Separability, repeals, and modification of treasure hunting rules

If any provision of the Act is declared unconstitutional, the remaining provisions remain in full force and effect.
Presidential Decree No. 1726-A is modified.
Treasure hunting in caves is governed by the Act’s provisions.
Presidential Decree No. 412 and Republic Act No. 4846 are not repealed by inconsistency under this Act.
All other laws, decrees, orders, and regulations, or parts thereof, inconsistent with the Act are repealed or amended accordingly.