REPUBLIC ACT NO.

9072
AN ACT TO MANAGE AND PROTECT CAVES AND CAVE RESOURCES AND
FOR OTHER PURPOSES
SECTION 1. Title. This Act shall be known as the "National Caves and Cave
Resources Management and Protection Act."
SEC. 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.
SEC. 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
man-made 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 bedrock, including but not limited to
any 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.
(d)
"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.
SEC. 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 unit (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.
SEC. 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, the National
Museum, concerned LGUs, the scientific community and the academe, with regard to
specific caves taking into consideration bio-diversity as well as the aesthetic 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 subject to the provisions of Republic Act
No. 7586 or the National Integrated Protected Areas 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 conservation 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; and
(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.
SEC. 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 for sale without authority any cave resource; and
(c)
Counselling, procuring, soliciting or employing any other person to violate
any provision of this Section.
SEC. 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 (P20,000.00) 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) years 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.
SEC. 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 conveyances and equipment used in
violation of Section 7 hereof.
SEC. 10. Fees. Any money collected by the DENR as permit fee 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.
SEC. 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.
SEC. 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.
SEC. 13. Separability Clause. If any provision of this Act is subsequently
declared unconstitutional, the remaining provisions shall remain in full force and effect.
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.
SEC. 14. Repealing Clause. Presidential Decree No. 1726-A is hereby
modified. Treasure hunting in caves shall be governed by the provisions of this Act.
SEC. 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
Published in Malaya and Manila Standard on May 3, 2001. Published in the
Official Gazette, Vol. 97 No. 32, page 4722 on August 6, 2001.

RELATED STATUTES
LAW

TITLE

SOURCE

PD No. 1726-A

Providing Guidelines on Treasure 76 OG 8231-92 No.

Hunting (October 1, 1980)
44, Supp. (Nov. 3,
1980)

PD No. 1499

Amending Presidential Decree No. 74 OG 8094-157

260 to Include the Petroglyphs in the No.
41
Supp.
Caves at the Taot-Bato Area in (October 9, 1978)
Barangay Ransang, Quezon, Palawan
(June 11, 1978)

RA No. 7357

An Act Declaring Callao Cave and its 88 OG 3089 No. 21

Premises
Located
at
Callao, (May 25, 1992)
Municipality of Penablanca, Province
of Cagayan, a Tourist Zone (April 8,
1992)

Proc. No. 492, 2003

Amending Proclamation No. 16, dated 100 OG 164 No. 2

April 27, 1922 which Established the (January 12, 2004)
Cave Forest Reservation on a Parcel
of Land of the Public Domain
Situated in Crystal Cave, City of
Baguio, Island of Luzon, by
Excluding a Certain Portion of the
Land
Embraced
Therein
and
Declaring the Same for Educational
Purposes (October 27, 2003)

Proc. No. 1125, 1997

Declaring an Area of Public Domain 94 OG 2594 No. 15

Situated in the Municipalities of (April 13, 1998)
Calbiga, Wright and Hinabangan,
Province of Samar, as Calbiga Caves
Protected Landscape (November 4,
1997)

Proc. No. 416, 1994

Amending Proclamation No. 827, 90 OG 5365 No. 37

Dated 16 July 1935, Which Reserved (Sept. 12, 1994)
the Callao Cave National Park, by
Expanding its Coverage to Include
Certain Parcels of Land of the Public
Domain
Situated
Within
the
Municipality of Penablanca, Province
of Cagayan, and Re-naming the Same

as
the
Penablanca
Protected
Landscape (June 29, 1994)
Proc. No. 1683, 1977

Declaring the Burial Caves at Sitio 74 OG 6776 No. 35

Alabok, Barangay Cambali, Bagulin, (August 28, 1978)
La Union, as a National Cultural
Treasure (October 17, 1977)

Proc. No. 996, 1972

Declaring the Tabon Cave Complex 68 OG 3129 No. 16

and All of Lipuun Point in Quezon, (April 17, 1972)
Palawan, as a Site Museum
Reservation (April 11, 1972)

DENR AO No. 34-07

Guidelines on Treasure Hunting in No OG citation

Caves

DENR AO No. 29-03

Implementing Rules and Regulations No OG citation

of the National Caves and Cave
Resources
Management
and
Protection Act (Republic Act No.
9072) (July 7, 2003)