REPUBLIC ACT NO.
90729135 April 8, 2001 (e) "Speleothem" means any natural mineral formation or deposit
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.
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 for sale without authority any, cave resource;
and
(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.

REPUBLIC ACT NO. 8048 (Amended by RA 10593)
AN ACT PROVIDING FOR THE REGULATION OF THE CUTTING OF
COCONUT TREES, ITS REPLENISHMENT, PROVIDING PENALTIES
THEREFOR AND FOR OTHER PURPOSES.
Section 1. Title. — This act shall be known as the "Coconut Preservation Act of
1995."
Sec. 2. Declaration of Policy. — Considering the importance of the coconut
industry in nation building being one of the principal industries and one of the
largest income earners of the country, it becomes mandatory for the Government
to step-in and regulate the unabated and indiscriminate cutting of the coconut
trees.For reasons of national interest, it is hereby declared the policy of the State
to provide for the growth of the industry by embarking on a sustainable and
efficient replanting program.chan robles virtual law library
Sec. 3. Definitions of terms. — For purposes of this Act, the following terms shall
be defined as follows:
(a) Coconut tree refers to a tall pinnate-leaved palm bearing a large edible fruit
called the coconut.
(b) Replanting program refers to the program formulated by the Philippine
Coconut Authority (PCA) to replenish the coconut trees which have been
permitted to be cut by the PCA.
(c) Permit refers to the written authorization of the PCA allowing the cutting of
coconut trees.
(d) Economically unproductive farm refers to a coconut area where the cost of
farm production and maintenance is greater than the generated proceeds or
income for a period of at least three (3) years.
(e) Senescent coconut trees are coconut trees which are already overage, weak
and no longer productive.
SEC. 4. Prohibition. – No coconut tree shall be cut except in the following cases
and only after a permit had been issued therefor:
(a) When the tree is sixty (60) years old in the case of tall varieties, and
at least forty (40) years old for dwarf varieties;
(b) When the tree is no longer economically productive;
(c) When the tree is severely disease-infested and beyond
rehabilitation;
(d) When the tree is severely damaged by typhoon or lightning;
(e) When the agricultural land devoted to coconut production shall have
been converted in accordance with law into residential, commercial or
industrial areas;
(f) When the land devoted to coconut production shall be converted into
other agricultural uses or other agriculture-related activities in
pursuance to a conversion duly applied for by the owner and approved
by the proper authorities: Provided, That no conversion shall be allowed
by the PCA until after it shall have been verified and certified that for a
period of at least three (3) years the majority of the coconut trees have
become senescent and economically unproductive or where the
coconut farm is not adaptable to sound management practices on
account of geographical location, topography, drainage and other
conditions rendering the farm economically unproductive; and
(g) When the tree would cause hazard to life and property.
No other causes other than those abovementioned shall be considered
as a valid ground for cutting.
SEC. 5. Permit to Cut. – No coconut tree or trees shall be cut unless a permit
therefore, upon due application being made, has been issued by the PCA
pursuant to Section 6 of this Act.
The applicant shall pay an application fee in the amount of One hundred pesos
(P100.00) for every tree intended to be cut payable to the PCA. Forty pesos
(P40.00) of the fee shall accrue in favor of the PCA, Forty pesos (P40.00) in
favor of the municipal government concerned, and Twenty pesos (P20.00) in
favor of the barangay unit concerned. The fees allocated to the PCA shall be
used for its replanting program and the fees allocated to the municipal/city
government shall be used for the repair and rehabilitation of roads of the
respective local government units which have been damaged by the continuous
passage of heavy vehicles used for transporting coconut lumber.
Fees herein collected shall be deposited with the nearest Land Bank of the
Philippines branch or other government depository banks. Fees accruing to the
local government unit shall be remitted within three (3) months in accordance
with existing Commission on Audit (COA) rules and regulations.
No permit to cut shall be granted unless the applicant has secured from the
barangay captain of the locality where the cutting will be done, a certification
under oath that he/she has already planted the equivalent number of coconut
trees applied for to be cut.
Such replanting, however, shall not apply to areas converted into industrial,
commercial or residential sites or land transformed in accordance with law, into
other agricultural purposes.
The PCA, in coordination with the local government unit concerned, shall verify if
a replanting was implemented and regulate and oversee the fertilization and care
of the newly planted coconut trees. For this purpose, it shall be incumbent upon
the PCA to conduct, from time to time, on-the-spot inspections of the sites where
the coconut trees have been planted.
Sec. 6. Authority to Cut. —The Philippine Coconut Authority shall have the
exclusive authority to grant permit for the cutting of coconut trees. The authority
may be delegated to the city or municipal mayors as the PCA may determine.
SEC. 7. Police Powers. – The PCA shall be vested with the authority to exercise
duly delegated police powers for the proper performance of its functions and
duties, to wit:
(a) Investigate suspected violations of this Act;
(b) Arrest and apprehend any person actually committing or attempting
to commit an offense under this Act;
(c) Arrest and apprehend possessor of coconut lumber without the
necessary permit as required under this Act;
(d) Search and seize a moving vehicle with illegally cut, gathered,
collected or removed coconut lumber: Provided, That probable cause
for the search is established;
(e) Stop the transport and/or shipment of coconut lumber without
authority or without legal documents in accordance with pertinent laws,
regulations or policies on the matter;
(f) Confiscate and forfeit in favor of the government the illegally cut,
gathered, collected, removed, possessed or abandoned coconut
lumber, as well as the machinery, equipment, implements and tools
illegally used in the commission of the offense and to dispose of the
same in accordance with pertinent laws, regulations or policies on the
matter; and
(g) Seek the assistance of other law enforcement agencies for the
efficient and effective implementation of this Act
SEC. 8. Implementing Rules. – The Philippine Coconut Authority shall be the lead
agency to implement the provisions of this Act. For this purpose, the Philippine
Coconut Authority shall prescribe the necessary rules and regulations for the
immediate and effective implementation of this Act.
The PCA, in order to effectively implement the provisions of this Act, may request
the assistance of any local government unit, to monitor and ensure compliance
with this Act including its implementing rules and regulations. For this purpose,
the PCA may deputize the Philippine National Police or other law enforcement
agencies to investigate and apprehend those caught violating the provisions of
this Act, including the confiscation of illegally cut coconut trees. In order to
prevent wastage, the PCA shall order the immediate disposition of confiscated
coconut lumber in a manner to be determined by the PCA.
In addition to the foregoing, the PCA shall also, in coordination, with the local
government unit concerned, require the registration of all sawmills, lumberyards,
coconut wood dealers and other persons or entities dealing in the processing and
sawing of coconut trees.
SEC. 9. Penalties. – Those found guilty of violating this Act or any rules and
regulations issued pursuant hereto shall, upon conviction, be punished by
imprisonment of not less than two (2) years but not more than six (6) years, or a
fine of not less than One hundred thousand pesos (P100,000.00) but not more
than Five hundred thousand pesos (P500,000.00), or both, at the discretion of
the court.
If the offender is a corporation or a juridical entity, the official who ordered, or
allowed the commission of the offense shall be punished with the same penalty.
If the offender is in the government service, he shall, in addition be dismissed
from office.

Upon verification by the PCA that no replanting was done, the barangay captain
who issued the certification shall, upon conviction, be penalized with
imprisonment of not less than three (3) years but not more than seven (7) years
and a fine of not less than One hundred thousand pesos (P100,000.00) but not
more than One million pesos (P1,000,000.00). Furthermore, the barangay
captain concerned shall be perpetually disqualified from holding any other public
office.

Sec. 10. Repealing Clause. —All laws, presidential decrees, executive orders,
rules and regulations inconsistent with any provisions of this Act shall be deemed
repealed or modified accordingly.

Sec. 11. Effectivity Clause. —This Act shall take effect upon its approved.

PRESIDENTIAL DECREE No. 979 August 18, 1976
PROVIDING FOR THE REVISION OF PRESIDENTIAL DECREE NO. 600
GOVERNING MARINE POLLUTION
WHEREAS, the marine environment and the living organisms, which it supports
are of vital importance to humanity, and all people have an interest in assuring
that it is managed and protected, and its quality is not impaired;
WHEREAS, recognizing that the capacity of the sea to assimilate wastes and
render them harmless, and its ability to regenerate natural resources is limited;
WHEREAS, knowing that marine pollution originates from many sources, such as
dumping and discharging through the rivers, estuaries, brooks or springs;
WHEREAS, it is our responsibility to control public and private activities that
cause damage to the marine environment by using the best practicable means
and by developing improved disposal processes to minimize harmful wastes;
WHEREAS, there is an urgent need to prevent, mitigate or eliminate the
increasing damages to marine resources as a result of pollution;
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Republic of
the Philippines, by virtue of the powers vested in me by the Constitution, do
hereby decree and order the following:
Section 1. Title. This Decree shall be known as the Marine Pollution Decree of
1976.
Section 2. Statement of Policy. It is hereby declared a national policy to prevent
and control the pollution of seas by the dumping of wastes and other matter
which create hazards to human health, harm living resources and marine life,
damage amenities, or interfere with the legitimate uses of the sea within the
territorial jurisdiction of the Philippines.
Section 3. Definition of Terms. For the purposes of this Decree:
(a) "Discharge" includes, but is not limited to, any spilling, leaking,
pumping, pouring, emitting, emptying or dumping but does not include
discharge of effluents from industrial or manufacturing establishments,
or mill of any kind.
(b) "Dumping" means any deliberate disposal at sea and into navigable
waters of wastes or other matter from vessels, aircraft, platforms or
other man-made structures at sea, including the disposal of wastes or
other matter directly arising from or related to the exploration,
exploitation and associated off-shore processing of sea bed mineral
resources unless the same is permitted and/or regulated under this
decree: Provided, That it does not mean a disposition of any effluent
from any outfall structure to the extent that such disposition is regulated
under the provisions of Republic Act Numbered Three Thousand Nine
Hundred Thirty-One, nor does it mean a routine discharge of effluent or
other matter incidental to the propulsion of, or derived from the normal
operations of vessels, aircraft, platforms or other man-made structures
at sea and their equipment.
(c) "Oil" means oil of any kind or in any form including, but not limited
to, petroleum, fuel oil, sludge, oil refuse, and oil mixed with wastes
other than dredge spoil.
(d) "Navigable Waters" means the waters of the Philippines, including
the territorial sea and inland waters which are presently, or be in the
future susceptible for use by watercraft.
(e) "Vessel" means every description of watercraft, or other artificial
contrivance used, or capable of being used, as a means of
transportation on water.
(f) "Person" includes any being, natural or juridical, susceptible of rights
and obligations or of being the subject of legal relations.
(g) "Refuse" means garbage, waste, wood residues, sand, lime cinders
ashes, offal, nightsoil, tar, dye staffs, acids, chemicals and substances
other than sewage and industrial wastes that may cause pollution.
Section 4. Prohibited Acts. Except in cases of emergency imperiling life or
property, or unavoidable accident, collision, or stranding or in any cases which
constitute danger to human life or property or a real threat to vessels, aircraft,
platforms, or other man-made structure, or if damping appears to be the only way
of averting the threat and if there is probability that the damage consequent upon
such dumping will be lees than would otherwise occur, and except as otherwise
permitted by regulations prescribed by the National Pollution Control Commission
or the Philippine Coast Guard, it shall be unlawful for any person to
(a) discharge, dump or suffer, permit the discharge of oil, noxious
gaseous and liquid substances and other harmful substances from or
out of any ship, vessel, barge, or any other floating craft, or other man-
made structures at sea, by any method, means or manner, into or upon
the territorial and inland navigable waters of the Philippines;
(b) throw, discharge or deposit, dump, or cause suffer or procure to be
thrown, discharged, or deposited either from or out of any ship, barge,
or other floating craft of vessel of any kind, or from the shore, wharf,
manufacturing establishment, or mill of any kind, any refuse matter of
any kind or description whatever other than that flowing from streets
and sewers and passing therefrom in a liquid state into tributary of any
navigable water from which the same shall float or be washed into such
navigable water; and
(c) deposit or cause, suffer or procure to be deposited material of any
kind in any place on the bank of any navigable water or on the bank of
any tributary of any navigable water, where the same shall be liable to
be washed into such navigable water, either by ordinary or high tides,
or by storms or floods, or otherwise, whereby navigation shall or may
be impeded or obstructed or increased the level of pollution of such
water.
Section 5. It shall be the primary responsibility of the National Pollution Control
Commission to promulgate national rules and policies governing marine pollution,
including but not limited to the discharge of effluents from any outfall structure,
industrial and manufacturing establishments or mill of any kind to the extent that
it is regulated under the provisions of Republic Act Numbered Three Thousand
Nine Hundred Thirty-One, and to issue the appropriate rules and regulations
upon consultation with the Philippine Coast Guard.
The Philippine Coast Guard shall promulgate its own rules and regulations in
accordance with the national rules and policies set by the National Pollution
Control Commission upon consultation with the latter, for the effective
implementation and enforcement of this decree and other applicable laws, rules
and regulations promulgated by the government.
The rules and regulations issued by the National Pollution Control Commission or
the Philippine Coast Guard shall not include deposit of oyster, shells, or other
materials when such deposit is made for the purpose of developing, maintaining
or harvesting fisheries resources and is otherwise regulated by law or occurs
pursuant to an authorized government program: Provided, That the Philippine
Coast Guard, whenever in its judgment navigation will not be injured thereby and
upon consultation with and concurrence of the National Pollution Control
Commission, may permit the deposit of any of the materials above-mentioned in
navigable waters, and whenever any permit is so granted, the conditions thereof
shall be strictly complied with.
Section 6. Enforcement and Implementation. The Philippine Coast Guard shall
have the primary responsibility of enforcing the laws, rules and regulations
governing marine pollution. However, it shall be the joint responsibility of the
Philippine Coast Guard and the National Pollution Control Commission to
coordinate and cooperate with each other in the enforcement of the provisions of
this decree and its implementing rules and regulations, and may call upon any
other government office, instrumentality or agency to extend every assistance in
this respect.
Section 7. Penalties for Violations. Any person who violates Section 4 of this
Decree or any regulations prescribed in pursuance thereof, shall be liable for a
fine of not less than Two Hundred Pesos nor more than Ten Thousand Pesos or
by imprisonment of not less than thirty days nor more than one year or both such
fine and imprisonment, for each offense, without prejudice to the civil liability of
the offender in accordance with existing laws.
Any vessel from which oil or other harmful substances are discharged in violation
of Section 4 or any regulation prescribed in pursuance thereof, shall be liable for
the penalty of fine specified in this section, and clearance of such vessel from the
port of the Philippines may be withheld until the fine is paid.
In addition to the penalties above-prescribed, the Philippine Coast Guard shall
provide in its rules and regulations such reasonable administrative penalties as
may be necessary for the effective implementation of this decree.
Section 8. Containment Recovery System. The Philippine Coast Guard shall
develop an adequate capability for containment and recovery of spilled oil for
inland waters and high seas use. An initial amount of five (5) million pesos is
hereby appropriated for the procurement of necessary equipment for this
purpose. For the succeeding fiscal years, the appropriation for the development
of such capability shall be included in the Philippine Coast Guard portion of the
General Appropriation Decree.
Section 9. Repealing Clause. All laws, rules and regulations inconsistent with
this decree are hereby repealed or modified accordingly.
Section 10. Effectivity. This Decree shall take effect immediately.