Congress of the Philippines

Eleventh Congress
Third Regular Session

REPUBLIC 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 is large enough
to permit an individual to enter, whether or not the entrance, located either in private or public
land, is naturally formed or man made. It shall include any natural pit, sinkhole or other feature
which is an extension of the entrance. The term also includes cave resources therein, but not
any vug, mine tunnel, aqueduct or other manmade excavation.

(b) "Cave resources" includes any material or substance occurring naturally in caves, such as
animal life, plant life, including paleontological and archaeological deposits, cultural artifacts
or products of human activities, sediments, minerals, speleogems and speleothems.

(c) "Secretary" means the Secretary of the Department of Environment and Natural Resources
(DENR)

(d) "Speleogem" means relief features on the walls, ceilings and floor of any cave or lava tube
which are part of the surrounding hedrock, including but not limited to anastomoses, scallops,
meander niches, petromorphs and rock pendants in solution caves and similar features unique
to volcanic caves.

(e) "Speleothem" means any natural mineral formation or deposit occurring in a cave or lava
tube, including but not limited to any stalactite, stalagmite, helictite, cave flower, flowstone,
concretion, drapery, rimstone or formation of clay or mud.

(f) "Significant Cave" refers to a cave which contains materials or possesses features that have
archaeological, cultural, ecological, historical or scientific value as determined by the DENR in
coordination with the scientific community and the academe.
Section 4. Implementing Agency - The DENR shall be the lead agency tasked to implement the
provisions of this 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, except that in the Province of Palawan, the Palawan Council for Sustainable Development shall
be the lead implementing agency pursuant to Republic Act No. 7611 or the Strategic Environmental
Plan for Palawan Act.

Section 5. Powers and Functions of the Department of Environment and Natural Resources (DENR) -
In the implementation of this Act, the DENR shall exercise the following powers and functions:

(a) Formulate, develop and implement a national program for the management, protection and
conservation of caves and cave resources:

(b) Disseminate information and conduct educational campaign on the need to conserve,
protect and manage our caves and cave resources:

(c) Issue permits for the collection and removal of guano and other cave resources which shall
be determined in coordination with the DOT, National Museum, concerned LGUs, the scientific
community and the academe, with regard to specific caves taking into consideration bio-
diversity as well as the aesthethic and archaeological value of the cave: Provided, that the
permittee shall be required to post a bond to ensure compliance with the provisions of any
permit: Provided further that any permit issued under this Section shall be revoked by the
Secretary when the permittee violates any provision of this Act or fails to comply with any other
condition upon which the permit was issued: Provided furthermore, That the Secretary cannot
issue permits for the removal of stalactites and stalagmites, and when it is established that the
removal of the resources will adversely affect the value of a significant cave: Provided Finally,
That caves located within a protected area shall be subjected to the provisions of Republic Act
No. 7586 or the National Integrated Protected Area System Act of 1992;

(d) Call on any local government unit, bureau, agency, state university or college and other
instrumentalities of the government for assistance as the need arises in the discharge of its
functions;

(e) Enter into a memorandum of agreement with any local government unit (LGU) for the
preservation, development and management of cave or caves located in their respective
territorial jurisdiction;

(f) Tap the cooperation of people's and nongovernmental organizations as active partners in
the conservations and protection of our caves and cave resources; and

(g) Exercise other powers and perform other functions as may be necessary to implement the
provisions of this Act.

Section 6. Information Concerning the Nature and Location of Significant Caves - Information
concerning the nature and specific location of a potentially significant cave shall not be made available
to the public within one (1) year after its discovery by the DENR, during which time the DENR in
coordination with the DOT, the National Museum, the National Historical Institute, concerned LGUs
the scientific community and the academe shall assess its archaeological, cultural, ecological,
historical and scientific value, unless a written request is made and the Secretary determines that
disclosure of such information will further the purpose of this Act and will not create a substantial risk
of harm, theft or destruction on such cave.
The written request shall contain, among others, the following:

(a) a description of the geographic site for which the information is sought:

(b) an explanation of the purpose for which the information is sought:

(c) an assurance or undertaking satisfactory to the Secretary that adequate measures are to
be taken to protect the confidentiality of such information and to ensure the protection of the
cave from destruction by vandalism and unauthorized use.

Section 7. Prohibited Acts - The following shall be considered Prohibited Acts.

(a) Knowingly destroying, disturbing, defacing, marring, altering, removing, or harming the
speleogem or speleothem of any cave or altering the free movement of any animal or plant life
into or out of any cave:

(b) Gathering, collecting, possessing, consuming, selling, bartering or exchanging or offering

(c) Counselling, procuring, soliciting or employing any other person to violate any provisions of
this Section.

Section 8. Penalties - Any person found guilty of any of the offenses enumerated under Section 7
hereof shall be punished by imprisonment from two (2) years to six (6) years or a fine ranging from
Twenty thousand pesos (P20,000) to five hundred thousand pesos (P500,000.00) or both at the
discretion of the Court: Provided That the person furnishing the capital to accomplish the acts
punishable herein shall be punished by imprisonment from six (6) yrs and one (1) day to eight (8)
years or by a fine ranging from Five hundred thousand pesos (P500,000.00) to One million pesos
(P1,000,000.00) or both at the Discretion of the Court. Provided further that if the area requires
rehabilitation or restoration as determined by the Court, the offender shall also be required to restore
the same, whenever practicable or compensate for the damage: Provided finally that if the offender is
a government employee, he or she shall likewise be removed from office.

Section 9. Administrative Confiscation and Conveyance - The Secretary shall order the confiscation,
in favor of the Government of the cave resources gathered, collected, removed, possessed or sold
including the conveyance and equipment used in violation of Section 7 hereof.

Section 10. Fees - Any money collected by the DENR as permit fees for collection and removal of
cave resources, as a result of the forfeiture of a bond or other security by a permittee who does not
comply with the requirements of such permit issued under this Act or by way of fines for violations of
this Act shall be remitted to the National Treasury.

Section 11. Implementing Rules and Regulations - The DENR shall, within six (6) months from the
effectivity of this Act, issue rules and regulations necessary to implement the provisions hereof.

Section 12. Appropriations - The amount necessary to carry out the provisions of this Act shall be
included in the General Appropriations Act of the year following its enactment into law and thereafter.

Section 13. Separability Clause - If any provisions of this Act is subsequently declared
unconstitutional, the remaining provisions shall remain in full force and effect.
Section 14. Repealing Clause - Presidential Decree No. 1726 - A is hereby modified. Treasure hunting
in caves shall be governed by the provisions of this Act.

Except Presidential Decree No. 412 and Republic Act No. 4846, all other laws, decrees, orders and
regulations or parts thereof which are inconsistent with any of the provisions of this Act are hereby
repealed or amended accordingly.

Section 15. Effectivity - This Act shall take effect fifteen (15) days following its publication in two (2)
national newspapers of general circulation.

Approved: April 8, 2001

Approved:

AQUILINO Q. PIMENTEL JR.

FELICIANO BELMONTE JR.

This Act which is a consolidation of House Bill No. 7275 and Senate Bill No. 1956 was finally passed
by the House of Representatives and the Senate on February 8, 2001 and February 5, 2001,
respectively.

LUTGARDO B. BARBO
Secretary of the Senate

ROBERTO P. NAZARENO
Secretary General
House of Representatives

Approved:

GLORIA MACAPAGAL-ARROYO
President of the Philippines