Congress of the Philippines
Eleventh Congress
Third Regular SessionREPUBLIC ACT NO. 90729135 April 8, 2001
AN ACT TO MANAGE AND PROTECT CAVES AND CAVE RESOURCES AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
Section 1. Title - This Act shall be known as the "National Caves and Cave Resources Management and Protection Act."
Section 2. Declaration of Policy - It is hereby declared the policy of the State to conserve, protect and manage caves and cave resources as part of the country's natural wealth. Towards this end, the State shall 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.
Section 3. Definition of Terms - For purposes of this Act, the following terms shall be defined as follows:
(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 and which...
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Republic Acts
AN ACT TO MANAGE AND PROTECT CAVES AND CAVE RESOURCES AND FOR OTHER PURPOSES
Republic Act No. 9072
Summary of the National Caves and Cave Resources Management and Protection Act
Title and Policy Declaration (Sections 1-2):
- The law is titled the "National Caves and Cave Resources Management and Protection Act".
- It declares the policy of the State to conserve, protect, and manage caves and cave resources as part of the country's natural wealth.
- It aims to strengthen cooperation and exchange of information between authorities and people who utilize caves for various purposes.
Definitions (Section 3):
- "Cave" is defined as any naturally occurring void, cavity, or system of interconnected passages beneath the surface, large enough for an individual to enter.
- "Cave resources" include animal life, plant life, paleontological and archaeological deposits, cultural artifacts, sediments, minerals, speleogems, and speleothems found in caves.
- "Speleogem" and "Speleothem" are defined as specific types of cave formations.
- "Significant Cave" refers to a cave with archaeological, cultural, ecological, historical, or scientific value, as determined by the DENR.
Implementing Agency and Powers (Sections 4-5):
- The DENR is the lead agency tasked with implementing the Act, except in Palawan where the Palawan Council for Sustainable Development is the lead.
- The DENR has the power to:
- Formulate and implement a national program for cave management and protection (Section 5a).
- Conduct educational campaigns on cave conservation (Section 5b).
- Issue permits for collection and removal of guano and other cave resources, with conditions (Section 5c).
- Call on other government agencies for assistance (Section 5d).
- Enter into agreements with LGUs for cave preservation and management (Section 5e).
- Tap cooperation from NGOs for cave conservation (Section 5f).
- Exercise other necessary powers to implement the Act (Section 5g).
Information on Significant Caves (Section 6):
- Information on potentially significant caves shall not be made public for one year after discovery, during which the DENR will assess their value.
- Disclosure of such information requires a written request and assurance of confidentiality and protection measures.
Prohibited Acts and Penalties (Sections 7-9):
- Prohibited acts include destroying, disturbing, or harming cave resources, altering animal or plant life in caves, and unauthorized collection or sale of cave resources (Section 7).
- Penalties include imprisonment from 2 to 6 years, or a fine ranging from ₱20,000 to ₱500,000, or both (Section 8).
- Higher penalties apply for those providing capital for the offenses or if the offender is a government employee.
- The DENR can order confiscation of illegally collected cave resources and equipment used in violation (Section 9).
Fees, Rules, and Appropriations (Sections 10-12):
- Fees collected from permits, bonds, or fines shall be remitted to the National Treasury (Section 10).
- The DENR shall issue implementing rules and regulations within 6 months of the Act's effectivity (Section 11).
- Necessary funds shall be included in the General Appropriations Act (Section 12).
Other Provisions (Sections 13-15):
- The Act has a separability clause in case any provision is declared unconstitutional (Section 13).
- It repeals or amends inconsistent laws, except for Presidential Decree No. 412 and Republic Act No. 4846 (Section 14).
- The Act takes effect 15 days after publication in two national newspapers (Section 15).
Title and Policy Declaration (Sections 1-2):
- The law is titled the "National Caves and Cave Resources Management and Protection Act".
- It declares the policy of the State to conserve, protect, and manage caves and cave resources as part of the country's natural wealth.
- It aims to strengthen cooperation and exchange of information between authorities and people who utilize caves for various purposes.
Definitions (Section 3):
- "Cave" is defined as any naturally occurring void, cavity, or system of interconnected passages beneath the surface, large enough for an individual to enter.
- "Cave resources" include animal life, plant life, paleontological and archaeological deposits, cultural artifacts, sediments, minerals, speleogems, and speleothems found in caves.
- "Speleogem" and "Speleothem" are defined as specific types of cave formations.
- "Significant Cave" refers to a cave with archaeological, cultural, ecological, historical, or scientific value, as determined by the DENR.
Implementing Agency and Powers (Sections 4-5):
- The DENR is the lead agency tasked with implementing the Act, except in Palawan where the Palawan Council for Sustainable Development is the lead.
- The DENR has the power to:
- Formulate and implement a national program for cave management and protection (Section 5a).
- Conduct educational campaigns on cave conservation (Section 5b).
- Issue permits for collection and removal of guano and other cave resources, with conditions (Section 5c).
- Call on other government agencies for assistance (Section 5d).
- Enter into agreements with LGUs for cave preservation and management (Section 5e).
- Tap cooperation from NGOs for cave conservation (Section 5f).
- Exercise other necessary powers to implement the Act (Section 5g).
Information on Significant Caves (Section 6):
- Information on potentially significant caves shall not be made public for one year after discovery, during which the DENR will assess their value.
- Disclosure of such information requires a written request and assurance of confidentiality and protection measures.
Prohibited Acts and Penalties (Sections 7-9):
- Prohibited acts include destroying, disturbing, or harming cave resources, altering animal or plant life in caves, and unauthorized collection or sale of cave resources (Section 7).
- Penalties include imprisonment from 2 to 6 years, or a fine ranging from ₱20,000 to ₱500,000, or both (Section 8).
- Higher penalties apply for those providing capital for the offenses or if the offender is a government employee.
- The DENR can order confiscation of illegally collected cave resources and equipment used in violation (Section 9).
Fees, Rules, and Appropriations (Sections 10-12):
- Fees collected from permits, bonds, or fines shall be remitted to the National Treasury (Section 10).
- The DENR shall issue implementing rules and regulations within 6 months of the Act's effectivity (Section 11).
- Necessary funds shall be included in the General Appropriations Act (Section 12).
Other Provisions (Sections 13-15):
- The Act has a separability clause in case any provision is declared unconstitutional (Section 13).
- It repeals or amends inconsistent laws, except for Presidential Decree No. 412 and Republic Act No. 4846 (Section 14).
- The Act takes effect 15 days after publication in two national newspapers (Section 15).