Definitions of Key Terms
- "Cave": Naturally occurring voids or passages allowing human entry, including pits and sinkholes, excluding man-made excavations like mine tunnels.
- "Cave resources": Natural materials found in caves such as animal and plant life, archaeological deposits, cultural artifacts, sediments, minerals, speleothems, and speleogems.
- "Secretary": Secretary of the Department of Environment and Natural Resources (DENR).
- "Speleogem": Geological relief features on cave walls, ceilings, and floors.
- "Speleothem": Mineral formations in caves such as stalactites and stalagmites.
- "Significant cave": Caves with archaeological, cultural, ecological, historical, or scientific value as identified by DENR.
Lead Implementing Agency
- The DENR is the primary agency responsible for enforcement, working with the Department of Tourism (DOT), National Museum, National Historical Institute, and local government units (LGUs).
- In Palawan, the Palawan Council for Sustainable Development leads implementation due to separate environmental legislation.
DENR Powers and Responsibilities
- Develop and enforce a national cave management program.
- Conduct educational campaigns promoting cave conservation.
- Issue permits for collection/removal of cave resources subject to coordination with DOT, National Museum, LGUs, and scientific bodies.
- Require permit bonds and allow revocation upon violations.
- Prohibit removal of stalactites/stalagmites or resources that would harm significant caves.
- Collaborate with LGUs via agreements for cave preservation.
- Engage NGOs and other governmental units for support.
- Exercise other necessary powers for implementing the Act.
Confidentiality of Significant Cave Information
- Location and nature details of significant caves kept confidential for one year post-discovery to allow value assessment.
- Disclosure allowed only if it furthers conservation goals and does not risk harm or illegal acts.
- Requests for information must demonstrate purpose, site description, and security assurances.
Prohibited Acts
- Destruction, alteration, or removal of speleothems and speleogems.
- Disruption of cave fauna and flora movement.
- Unauthorized collection, possession, sale, or exchange of cave resources.
- Inciting others to commit these violations.
Penalties
- Offenders face 2 to 6 years imprisonment, fines from ₱20,000 to ₱500,000, or both.
- Financiers or capital providers face 6 years and 1 day to 8 years imprisonment, fines ₱500,000 to ₱1,000,000, or both.
- Courts may order rehabilitation or restoration of damaged caves.
- Government employees violating the law risk removal from office.
Administrative Penalties
- Confiscation of illegally obtained cave resources and related equipment.
Financial Provisions
- Permit fees, forfeited bonds, and collected fines are remitted to the National Treasury.
Implementation and Appropriations
- DENR must issue implementing rules within six months of enactment.
- Budgetary appropriations to support the law's execution shall be included in the General Appropriations Act annually.
Legal Provisions
- Any unconstitutional provision does not affect the validity of the remaining sections.
- Repeals inconsistent laws except for specific provisions on treasure hunting which this Act governs.
Effectivity
- The Act takes effect 15 days after publication in two national newspapers.