REPUBLIC ACT NO.

90729135       April 8, 2001 (f) "Significant Cave" refers to a cave which contains
materials or possesses features that have
AN ACT TO MANAGE AND PROTECT CAVES AND archaeological, cultural, ecological, historical or scientific
CAVE RESOURCES AND FOR OTHER PURPOSES value as determined by the DENR in coordination with
the scientific community and the academe.
Be it enacted by the Senate and House of
Representatives of the Philippines in Congress Section 4. Implementing Agency - The DENR shall be
assembled: 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
Section 1. Title  - This Act shall be known as the
Institute and concerned local government units (LGUs)
"National Caves and Cave Resources Management and
for specific caves, except that in the Province of
Protection Act."
Palawan, the Palawan Council for Sustainable
Development shall be the lead implementing agency
Section 2. Declaration of Policy - It is hereby declared pursuant to Republic Act No. 7611 or the Strategic
the policy of the State to conserve, protect and manage Environmental Plan for Palawan Act.
caves and cave resources as part of the country's
natural wealth. Towards this end, the State shall
Section 5. Powers and Functions of the Department of
strengthen cooperation and exchange of information
Environment and Natural Resources (DENR) - In the
between governmental authorities and people who utilize
implementation of this Act, the DENR shall exercise the
caves and cave resources for scientific, educational,
following powers and functions:
recreational, tourism and other purposes.

(a) Formulate, develop and implement a national

Section 3. Definition of Terms - For purposes of this Act,
program for the management, protection and
the following terms shall be defined as follows:
conservation of caves and cave resources:
(a) "Cave" means any naturally occurring void, cavity,
(b) Disseminate information and conduct educational
recess or system of interconnected passages beneath
campaign on the need to conserve, protect and manage
the surface of the earth or within a cliff or ledge and
our caves and cave resources:
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 (c) Issue permits for the collection and removal of guano
include any natural pit, sinkhole or other feature which is and other cave resources which shall be determined in
an extension of the entrance. The term also includes coordination with the DOT, National Museum, concerned
cave resources therein, but not any vug, mine tunnel, LGUs, the scientific community and the academe, with
aqueduct or other manmade excavation. 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
(b) "Cave resources" includes any material or substance
required to post a bond to ensure compliance with the
occurring naturally in caves, such as animal life, plant
life, including paleontological and archaeological provisions of any permit: Provided further that any permit
issued under this Section shall be revoked by the
deposits, cultural artifacts or products of human
Secretary when the permittee violates any provision of
activities, sediments, minerals, speleogems and
this Act or fails to comply with any other condition upon
speleothems.
which the permit was issued: Provided furthermore, That
the Secretary cannot issue permits for the removal of
(c) "Secretary" means the Secretary of the Department stalactites and stalagmites, and when it is established
of Environment and Natural Resources (DENR) that the removal of the resources will adversely affect the
value of a significant cave: Provided Finally, That caves
(d) "Speleogem" means relief features on the walls, located within a protected area shall be subjected to the
ceilings and floor of any cave or lava tube which are part provisions of Republic Act No. 7586 or the National
of the surrounding hedrock, including but not limited to Integrated Protected Area System Act of 1992;
anastomoses, scallops, meander niches, petromorphs
and rock pendants in solution caves and similar features (d) Call on any local government unit, bureau, agency,
unique to volcanic caves. state university or college and other instrumentalities of
the government for assistance as the need arises in the
(e) "Speleothem" means any natural mineral formation or discharge of its functions;
deposit occurring in a cave or lava tube, including but not
limited to any stalactite, stalagmite, helictite, cave flower, (e) Enter into a memorandum of agreement with any
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flowstone, concretion, drapery, rimstone or formation of local government unit (LGU) for the preservation,
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clay or mud.
development and management of cave or caves located punished by imprisonment from two (2) years to six (6)
in their respective territorial jurisdiction; years or a fine ranging from Twenty thousand pesos
(P20,000) to five hundred thousand pesos (P500,000.00)
(f) Tap the cooperation of people's and nongovernmental or both at the discretion of the Court: Provided That the
organizations as active partners in the conservations and person furnishing the capital to accomplish the acts
protection of our caves and cave resources; and 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
(g) Exercise other powers and perform other functions as
(P500,000.00) to One million pesos (P1,000,000.00) or
may be necessary to implement the provisions of this
both at the Discretion of the Court. Provided further that
Act.
if the area requires rehabilitation or restoration as
determined by the Court, the offender shall also be
Section 6. Information Concerning the Nature and required to restore the same, whenever practicable or
Location of Significant Caves  - Information concerning compensate for the damage: Provided finally that if the
the nature and specific location of a potentially significant offender is a government employee, he or she shall
cave shall not be made available to the public within one likewise be removed from office.
(1) year after its discovery by the DENR, during which
time the DENR in coordination with the DOT, the
Section 9. Administrative Confiscation and
National Museum, the National Historical Institute,
Conveyance  - The Secretary shall order the
concerned LGUs the scientific community and the
confiscation, in favor of the Government of the cave
academe shall assess its archaeological, cultural,
resources gathered, collected, removed, possessed or
ecological, historical and scientific value, unless a written
sold including the conveyance and equipment used in
request is made and the Secretary determines that
violation of Section 7 hereof.
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. 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
The written request shall contain, among others, the
security by a permittee who does not comply with the
following:
requirements of such permit issued under this Act or by
way of fines for violations of this Act shall be remitted to
(a) a description of the geographic site for which the the National Treasury.
information is sought:
Section 11. Implementing Rules and Regulations  - The
(b) an explanation of the purpose for which the DENR shall, within six (6) months from the effectivity of
information is sought: this Act, issue rules and regulations necessary to
implement the provisions hereof.
(c) an assurance or undertaking satisfactory to the
Secretary that adequate measures are to be taken to Section 12. Appropriations - The amount necessary to
protect the confidentiality of such information and to carry out the provisions of this Act shall be included in
ensure the protection of the cave from destruction by the General Appropriations Act of the year following its
vandalism and unauthorized use. enactment into law and thereafter.

Section 7. Prohibited Acts - The following shall be Section 13. Separability Clause - If any provisions of
considered Prohibited Acts. this Act is subsequently declared unconstitutional, the
remaining provisions shall remain in full force and effect.
(a) Knowingly destroying, disturbing, defacing, marring,
altering, removing, or harming the speleogem or Section 14. Repealing Clause - Presidential Decree No.
speleothem of any cave or altering the free movement of 1726 - A is hereby modified. Treasure hunting in caves
any animal or plant life into or out of any cave: shall be governed by the provisions of this Act.

(b) Gathering, collecting, possessing, consuming, selling, Except Presidential Decree No. 412 and Republic Act
bartering or exchanging or offering for sale without No. 4846, all other laws, decrees, orders and regulations
authority any, cave resource; and or parts thereof which are inconsistent with any of the
provisions of this Act are hereby repealed or amended
(c) Counselling, procuring, soliciting or employing any accordingly.
other person to violate any provisions of this Section.
Section 15. Effectivity  - This Act shall take effect fifteen
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Section 8. Penalties - Any person found guilty of any of (15) days following its publication in two (2) national
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the offenses enumerated under Section 7 hereof shall be newspapers of general circulation.
Approved: April 8, 2001

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