REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES |
Quezon City

SIXTEENTH CONGRESS
First Regular Session

House Bill No. __ 948

Introduced by MAGDALO Party List Representatives Gary C. Alejano
andFranciscoAshley L. Acedillo

EXPLANATORY NOTE

The Philippines is one of the countries known for its rich natural resources. The country’s caves
specifically set our resources apart from any other places because of its exceptional resources
such as the so-called dripstones. A dripstone is a collective term for stalagmites and stalactites —
a kind ofa precious mineral which takes hundred of years to form.

Unfortunately, recent news showed that some of these stalagmites and stalactites, which should
remain inside the confines of a cave, are now being sold in the country. This immediately called
the attention of advocates of the environment and the general public who witnessed the alarming
scenario.

Republic Act No. 9072, otherwise known as the “National Cave Resources Management and
Protection Act”, has been put forward in 2001 to protect and conserve these resources. However,
this law does not have a provision regarding the importation and exportation of the country’s
cave resources.

This bill seeks to amend R.A. 9072 by adding a subsection prohibiting the exportation and/or the
importation of stalagmites and stalactites. This bill recognizes the importance of the country’s
cave resources and deems it important to put the import/export of the same into a halt before it
tums into large-scale basis.

In view of the foregoing, passage of this measure is eamestly requested.

;ARY C. ALEJANO iCISCO ASHLEY L. ACEDILLO


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REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
First Regular Session

Ag
House BillNo, 92

Introduced by MAGDALO Party List Representatives Gary C. Alejano
and Francisco Ashley L. Acedillo

AN ACT
PROHIBITING THE IMPORTATION AND EXPORTATION OF STALACTITES AND
STALAGMITES, AMENDING FOR THIS PURPOSE REPUBLIC ACT NUMBERED
9072, OTHERWISE KNOWN AS THE NATIONAL CAVE RESOURCES
MANAGEMENT AND PROTECTION ACT

Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled:

SECTION 1. Section 3 of Republic Act No. 9072, otherwise known as the “National
Cave Resources Management and Protection Act,” herein referred to as The Act, is amended to
read as follows:

“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
manmade excavation.

b) "Cave resources" includes any material or substance occurring naturally in

caves, such as animal life, plant life, including paleontological and


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4)

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archaeological deposits, cultural artifacts or products of human activities,

sediments, minerals, speleogems and speleothems.

"Secretary" means the Secretary of the Department of Environment and

Natural Resources (DENR).

"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 anastomoses, scallops, meander niches, petromorphs and

rock pendants in solution caves and similar features unique to volcanic

caves.

"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.

"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.

“CALCITE” REFERS TO:

a) THE MOST COMMON FORM OF NATURAL CALCIUM
CARBONATE A WIDELY DISTRIBUTED MINERAL KNOWN
FOR THE BEAUTIFUL DEVELOPMENT AND GREAT
VARIETY OF ITS CRYSTALS;

b) A MINERAL THAT DISSOLVES WITH MOST FORMS OF
ACID.

“STALACTITE” REFERS TO:

a) AN ICICLE-SHAPED MASS OF CALCITE ATTACHED TO THE

ROOF OF A LIMESTONE CAVERN;


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b)

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MINERALS HANGING FROM THE CEILINGS OF CAVERNS
THAT COMMONLY EXHIBIT A CENTRAL TUBE OR THE
TRACE OF A FORMER TUBE WHOSE DIAMETER IS THAT
OF A DROP OF WATER HANGING BY SURFACE TENSION;

IN ITS SIMPLEST FORM, A THIN-WALLED STONE STRAW,
AND THESE FRAGILE FORMS MAY REACH LENGTHS OF 0.5
M (20 INCHES) OR MORE WHERE AIR CURRENTS HAVE

NOT SERIOUSLY DISTURBED THE GROWTH.

td “STALAGMITE” REFERS TO:

a)

b)

A CONE OF CAL‘

E RISING FROM THE FLOOR OF A
CAVERN;

MATERIALS THAT GROW UP ON THE BOTTOM OF A
CAVERN FROM THE SAME DRIP-WATER SOURCE OF THAT
OF THE STALACTITES, THE MINERAL FROM WHICH IS
DEPOSITED AFTER THE WATER DROPLET FALLS ACROSS

THE OPEN SPACE IN THE ROCK.

d “DRIPSTONE” REFERS TO:

a)

b)

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A COLLECTIVE TERM FOR STALAGMITES AND
STALACTITES, SINCE THEY ARE OFTEN FOUND IN PAIRS,
THE STALAGMITE BEING FORMED AS A RESULT OF
FURTHER EVAPORATION AND PRECIPITATION FROM
SOLUTION AFTER THE TRICKLE OF WATER FALLS FROM
THE STALACTITE AND STALAGMITE;

MINERAL FORMS OFTEN FOUND IN CAVES;

A KIND OF MINERAL THAT TAKES HUNDRED OF YEARS

TO BE FORMED”.


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SEC. 2. Section 7 of The Act is hereby amended to read as follows:

“See. 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

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

D) IMPORTING AND/OR EXPORTING OF STALAGMITES AND
STALACTITES AND OTHER MINERALS THAT FORM PART OF THE

CAVE RESOURCES OF THE COUNTRY”.

SEC. 3. Separability Clause. — If any provision of this Act shall at any time be found to
be unconstitutional or invalid, the remainder thereof not affected by such declaration shall

remain in full force and effect.

SEC. 4. Repealing Clause. — All laws, decrees, rules or regulations inconsistent with the

provisions of this Act are hereby repealed or modified accordingly.

SEC. 5. Effectivity Clause. — This Act shall take effect after fifteen (15) days following

its complete publication in two (2) newspapers of general circulation.

Approved,