SALIENT FEATURES OF R.A. NO.

9072
[NATIONAL CAVES AND CAVE
RESOURCES MANAGEMENT AND
PROTECTION ACT]
JANELA JOY V. LANA, J.D.
Legal Assistant II
DENR PENRO/CENRO Albay
Implementing Rules and Regulations?

DENR Administrative Order No. 2003-

29

• Subject Title: Implementing Rules and Regulations of the National Caves and
Cave Resources Management and Protection Act [R.A. No. 9072]
State Policy
• Conserve, Protect, and Manage Caves and Cave Resources as part of the
country’s Natural Wealth.
• 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.
Scope and Coverage
Caves and Cave Resources within both public and
private lands.

EXCLUSIONS:
1. Vug
2. Aqueduct
3. Mine Tunnel
4. Other Man-Made Excavations
In charge of Implementation?
1. Department of Environment and Natural Resources [Lead Agency]
2. Department of Tourism
3. National Museum
4. National Historic Institute
5. Concerned Local Government Units
XPN: Province of Palawan – Palawan Council for Sustainable Development
[Lead Agency/R.A. 7611 “Strategic Environmental Plan for Palawan Act”]
Powers and Functions of DENR
1. Formulate, develop and implement a national program for the management,
protection and conservation of caves and cave resources.
2. Disseminate information and conduct educational campaign on the need to
conserve, protect and manage our caves and cave resources.
3. 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.
4. 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 biodiversity 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.
5. 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.
6. Tap the cooperation of people’s and nongovernmental organizations as active
partners in the conservations and protection of our caves and cave resources.
7. Exercise other powers and perform other functions as may be necessary to
implement the provisions of this Act.
Based on the IRR:
1. Conduct nationwide planning, monitoring, and evaluation in the
implementation of this Order through Protected Areas and Wildlife Bureau
(PAWB)
2. Enter into a Memorandum of Agreement (MOA) with any LGU, other gov’t
agencies, NGO’s, People’s Organization, Academic and other concerned
entities for the preservation, protection, development, and management of
caves through the Secretary, PAWB Director or the Regional Executive
Director EXCEPT in Protected Areas wherein the authority is vested with the
Protected Area Management Board (PAMB).
3. Coordinate/collaborate with concerned gov’t agencies, NGO’s, People’s
Organizations, Academe, and other concerned agencies in the conduct of cave
assessment.
4. Tap the cooperation of People’s Organizations and NGO’s as active partners
in the conservation and protection of caves and cave resources.
5. Conduct monitoring and evaluation of activities and provide technical
assistance in the implementation of this Order through Field Offices.
6. Disseminate info and conduct educational campaign on the need to conserve,
protect, and manage caves and cave resources through PAWB, DENR
Regional Offices, and/or other interested agencies.
7. Issue permits for the collection and removal of Guano and other non-
biological cave resources outside protected areas through the Mines and
Geosciences Bureau (MGB).
8. Issue permits for the collection and removal of biological resources and its
derivatives in accordance with R.A. 9147 (Wildlife Resources Conservation
and Protection Act) and other relevant rules and regulations.
9. Determine in consultation with concerned entities the appropriate bonds and
fees for the issuance of permits.
10.Call on any LGU, bureaus, agencies, state universities or colleges, and/or
instrumentalities of the gov’t for assistance as the need arises in the discharge
of its functions.
11.Exercise other powers and perform other functions as may be necessary to
implement the provisions of R.A. No. 9072.
Caves within Private Lands
• Landowners with Caves inside their private lands SHALL secure the necessary
permit from the DENR for the use, collection, or removal of any cave
resource found therein.
• Utilization of resources shall be regulated by DENR.
• The landowner may enter into a Tripartite MOA or Memorandum of
Understanding with the DENR and LGUs in the conservation, management,
and protection of caves and cave resources found therein.
Caves within Ancestral Domain/Land
• In consonance with R.A. 8371 [Indigenous Peoples Rights Act]
• Responsibility rests with the concerned Indigenous People (IP).
• Conduct of research and other activities in caves within ancestral domain/lands
shall be subject to free and prior informed consent of the concerned IPs.
• Should the Ips decide to transfer the management responsibility to the DENR,
said decision must be made in writing.
Caves under the National Integrated
Protected Areas System (NIPAS)
• Follow R.A. 7586 [National Integrated Protected Areas System Act] and its
rules and regulations.

Caves in other Public Lands

• Managed in coordination with the concerned agencies [LGUs, National
Museum, National Historic Institute, Department of Tourism]
Got Info about a Cave?
• 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.
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.
Cave Discovery and Classification
• Any person or institution that discovers a cave/s shall report the location to
the nearest DENR Office.
• The DENR Office which received the report shall inform the Protected Areas
and Wildlife Division (PAWD).
• The PAWD shall plan the appropriate activities to be undertaken on the
reported cave.

Note: The appropriate use of the caves shall be based on the Manual on Cave
Classification prepared by the DENR.
Uses of Caves and Cave Resources
• Scientific, Economic, Educational, Ecotourism, and Other Purposes based on
the Assessment and Classification of the subject caves.
• The Regional Office, in consultation with the Regional Cave Committee, shall
recommend to the Secretary, through PAWB, the allowable activities in caves
in their respective regions.
DON’T’S!!
1. 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.
2. Gathering, collecting, possessing,
consuming, selling, bartering or
exchanging or offering for sale
without authority any, cave
resource.
• Counselling, procuring, soliciting
or employing any other person to
violate any provisions of this
Section.
Did something that’s prohibited?
PENALTIES:
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.
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.
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
If the offender is a, he or she shall likewise be removed from office. government employee
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.
 PROHIBITIONS UNDER
R.A. 9147
[WILDLIFE RESOURCES CONSERVATION
AND PROTECTION ACT]
SECTION 27. ILLEGAL ACTS
1. Killing and destroying wildlife species, except in the following instances:
a. When it is done as part of the religious rituals of established tribal groups or
indigenous cultural communities;
b. When the wildlife is afflicted with an incurable communicable disease;
c. When it is deemed necessary to put an end to the misery suffered by the wildlife;
d. When it is done to prevent an imminent danger to the life or limb of a human being;
and
e. When the wildlife is killed or destroyed after it has been used in authorized research
or experiments.
2. Inflicting injury which cripples and/or impairs the reproductive system of
wildlife species.
3. Effecting any of the following acts in critical habitat(s):
a. Dumping of waste products detrimental to wildlife.
b. Squatting or otherwise occupying any portion of the critical habitat
c. Mineral exploration and/or extraction
d. Burning
e. Logging
f. Quarrying
4. Introduction, Reintroduction, or restocking of wildlife resources
5. Trading of Wildlife
6. Collecting hunting or possessing wildlife, their by-products and derivatives.
7. Gathering or destroying of active nests, nest trees, host plants and the like.
8. Maltreating and/or inflicting other injuries not covered by the preceding
paragraph.
9. Transporting of wildlife.
Penalties:
For the 1st act:
o Imprisonment of a minimum of six (6) years and one (1) day to twelve (12) years and/or a fine of One hundred
thousand pesos (100,000.00) to One million pesos (1,000,000.00), if inflicted or undertaken against species listed as
critical;
o Imprisonment of four (4) years and one (1) day to six (6) years and/or a fine of Fifty thousand pesos (P50,000.00) to
Five hundred thousand pesos (P500,000.00), if inflicted or undertaken against endangered species;
o Imprisonment of two (2) years and one (1) day to four (4) years and/or a fine of Thirty thousand pesos (P30,000.00)
to Three hundred thousand pesos (P300,000.00), if inflicted or undertaken against vulnerable species; ADEHTS
o Imprisonment of one (1) year and one (1) day to two (2) years and/or a fine of Twenty thousand pesos (P20,000.00)
to Two hundred thousand pesos (P200,000.00), if inflicted or undertaken against other threatened species; and
o Imprisonment of six (6) months and one (1) day to one (1) year and/or a fine of Ten thousand pesos (P10,000.00) to
One hundred thousand pesos (P100,000.00), if inflicted or undertaken against other wildlife species.
For the 2nd act:
o Imprisonment of a minimum of four (4) years and one (1) day to six (6) years and/or a fine of
Fifty thousand pesos (P50,000.00) to Five hundred thousand pesos (P500,000.00), if inflicted
or undertaken against species listed as critical;
o Imprisonment of two (2)years and one (1) day to four (4) years and/or a fine of Thirty
thousand pesos (P30,000.00) to Two hundred thousand pesos (P200,000.00), if inflicted or
undertaken against endangered species;
o Imprisonment of one (1) year and one (1) day to two (2) years and/or a fine of Twenty
thousand pesos (P20,000.00) to Two hundred thousand pesos (P200,000.00), if inflicted or
undertaken against vulnerable species;
o Imprisonment of six (6) months and one (1) day to one (1) year and/or a fine of Ten thousand
pesos (P10,000.00) to Fifty thousand pesos (P50,000.00), if inflicted or undertaken against
other threatened species; and
o Imprisonment of one (1) month to six (6) months and/or a fine of Five thousand pesos
(P5,000.00) to Twenty thousand pesos (P20,000.00), if inflicted or undertaken against other
wildlife species.
For the 3rd and 4th act:
o Imprisonment of one (1) month to eight (8) years and/or a fine of Five thousand pesos
(P5,000.00) to Five million pesos (P5,000,000.00) shall be imposed.

For the 5th act:

o Imprisonment of two (2) years and one (1) day to four (4) years and/or a fine of Five
thousand pesos (P5,000.00) to Three hundred thousand pesos (P300,000.00), if
inflicted or undertaken against species listed as critical;
o Imprisonment of one (1) year and one (1) day to two (2) years and/or a fine of Two
thousand pesos (P2,000.00) to Two hundred thousand pesos (P200,000.00) if inflicted
or undertaken against endangered species;
o Imprisonment of six (6) months and one (1) day to one (1) year and/or a fine of One
thousand pesos (P1,000.00) to One hundred thousand pesos (P100,000.00), if inflicted
or undertaken against vulnerable species;
o Imprisonment of one (1) month and one (1) day to six (6) months and/or a fine of Five
hundred pesos (P500.00) to Fifty thousand pesos (P50,000.00), if inflicted or
undertaken against species listed as other threatened species; and
o Imprisonment of ten (10) days to one (1) month and/or a fine of Two hundred pesos
(P200.00) to Twenty thousand pesos (P20,000.00), if inflicted or undertaken against
other wildlife species.
For the 6th and 7th act:
o Imprisonment of two (2) years and one (1) day to four (4) years and a fine of Thirty thousand pesos
(P30,000.00) to Three hundred thousand pesos (P300,000.00), if inflicted or undertaken against species
listed as critical;
o Imprisonment of one (1) year and one (1) day to two (2) years and a fine of Twenty thousand pesos
(P20,000.00) to Two hundred thousand pesos (P200,000.00), if inflicted or undertaken against
endangered species;
o Imprisonment of six (6) months and one (1) day to one (1) year and a fine of Ten thousand pesos
(P10,000.00) to One hundred thousand pesos (P100,000.00), if inflicted or undertaken against vulnerable
species;
o Imprisonment of one (1) month and one (1) day to six (6) months and a fine of Five thousand pesos
(P5,000.00) to Fifty thousand pesos (P50,000.00), if inflicted or undertaken against species listed as other
threatened species; and
o Imprisonment of ten (10) days to one (1) month and a fine of One thousand pesos (P1,000.00) to Five
thousand pesos (P5,000.00), if inflicted or undertaken against other wildlife species: Provided, That in
case of paragraph (f), where the acts were perpetuated through the means of inappropriate techniques and
devices, the maximum penalty herein provided shall be imposed.
For the 8th and 9th acts:
o Imprisonment of six (6) months and one (1) day to one (1) year and a fine of Fifty thousand pesos
(P50,000.00) to One hundred thousand pesos (P100,000.00), if inflicted or undertaken against species
listed as critical species;
o Imprisonment of three (3) months and one (1) day to six (6) months and a fine of Twenty thousand pesos
(P20,000.00) to Fifty thousand pesos (P50,000.00), if inflicted or undertaken against endangered species;
o Imprisonment of one (1) month and one (1) day to three (3) months and a fine of Five thousand pesos
(P5,000.00) to Twenty thousand pesos (P20,000.00), if inflicted or undertaken against vulnerable species;
o Imprisonment of ten (10) days to one (1) month and a fine of One thousand pesos (P1,000.00) to Five
thousand pesos (P5,000.00) if inflicted or undertaken against species listed as other threatened species;
o Imprisonment of five (5) days to ten (10) days and a fine of Two hundred pesos (P200.00) to One
thousand pesos (P1,000.00), if inflicted or undertaken against other wildlife species.
• All wildlife, its derivatives or by-products, and all paraphernalia, tools, and
conveyances used in connection with violations of this Act, shall be ipso facto
forfeited in favor of the government.
• Where the ownership of the aforesaid conveyances belongs to third persons who have
no participation in or knowledge of the illegal acts, the same may be released to said
owner.
• The apprehending agency shall immediately cause the transfer of all wildlife that has
been seized or recovered to the nearest Wildlife Rescue Center of the Department in
the area.
• If the offender is an alien, he shall be deported after service of sentence and payment
of fines, without any further proceedings.
• The fines herein prescribed shall be increased by at least ten percent (10%) every
three (3) years to compensate for inflation and to maintain the deterrent function of
such fines.
THANK YOU!