PCSD Resolution 06-276

Republic of the Philippines
PALAWAN COUNCIL FOR SUSTAINABLE DEVELOPMENT
(R.A. 7611)
Puerto Princesa City, Palawan

PCSD RESOLUTION NO. 06-276

A RESOLUTION AMENDING PCSD ADMINISTRATIVE ORDER No. 03-08, SERIES OF 2003 ("Implementing PCSD Resolution No. 03-217, Adopting and Revising the DENR Rules and Regulations of the National Caves and Cave Resources Management and Protection Act as Applicable in the Province of Palawan")

WHEREAS, pursuant to paragraph (8), Section 19, Chapter V of Republic Act No. 7611, otherwise known as the "Strategic Environmental Plan for Palawan", the PCSD is vested with the power to adopt, amend and rescind such rules and regulations and impose penalties for the effective implementation of the Strategic Environmental Plan for Palawan and other provisions of the SEP Law and that, in accordance therewith, the Council passed PCSD Admin. Order No. 03-08 providing for the administrative penalties of fines and forfeitures for violations of its provisions;

WHEREAS, there was an orientation/workshop on the "Caves Act" and stakeholders consultation conducted on June 2004 and October 2004, respectively, during which proposed amendments to PCSD Admin. Order 03-08 were drafted;

WHEREAS, the Environment and Natural Resources Committee, which serves as the professional support committee of the PCSD, has reviewed and recommended the adoption of the proposed amendments to PCSD Admin. Order 03-08;

WHEREAS, PCSD Administrative Order No. 03-08 has been in force and effect for more than two (2) years now and there is a need to revise its provisions to ensure that collaboration with other concerned agencies and issuance of SEP clearance are implemented;

WHEREFORE, be it resolved, as it is hereby resolved, that the following Sections of PCSD Administrative Order No. 03-08 are hereby amended as follows:

SECTION 4. Implementing Agency The following agencies were added to the entities to which the PCSD shall collaborate with in the implementation of the policy: DENR, Law Enforcement Agencies and other deputized individuals, NGOs, Academe, POs and IPs. Thus, Section 4 should read as follows:

Section 4. Implementing Agency. Pursuant to Section 4 01 9071, the Palawan Council for Sustainable Development (PCSD) shall be the lead implementing agency by virtue of R.A. 7611 or the Strategic Environmental Plan for Palawan. The PCSD shall collaborate with the following agencies:

4.1 Local Government Units (LGUs) for the management and protection of caves pursuant to Republic Act 7160 (Local Government Code of 1991) and its implementing rules and regulations;

4.2 National Museum (NM) for the management and protection of caves in Palawan assessed with cultural, paleontological and archaeological values pursuant to Republic Act 4846 (An Act Providing for the Protection and Preservation of Philippine Cultural Properties) and its implementing rules and regulations;

4.3 National Historical Institute (NHI) for the management and protection of caves assessed with historical value pursuant to Presidential Decree No. 1505- 78 (Amending Presidential decree No. 26, as amended, by Prohibiting the Unauthorized Modification, Alteration, Repair and Destruction of Original Features of All National Shrines, Monuments, landmarks and Other important Historic Edifices); and,

4.4 Department of Tourism (DOT) for the promotion of caves classified for ecotourism and in the cave visitor management in accordance with Executive Order No. Ill (Establishing the Guidelines for Ecotourism Development in the Philippines) and Joint DENR-DOT Memorandum Circular No. 98-02 (Guidelines for Ecotourism Development in the Philippines).

4.5 Department of Environment and Natural Resources for the protection of caves

4.6 Indigenous Peoples shall manage and protect caves within ancestral lands.

The functions of other implementing agencies were added. Thus, Section 5 should read as follows:

5.1.1 Conduct province wide planning, technical assistance to other agencies, and evaluation of activities in collaboration with other concerned agencies/entities as mentioned in Section 4 herein, in the implementation of this Order;

5.1.2 Enter into a Memorandum of Agreement (MOA) with any local government unit, other government agencies, non-government organization, people's organization, academe and other concerned entities for the conservation, protection, development, and management of caves and cave resources;

5.1.3 Shall lead the team/group composed of the DENR, LGU, NM, NHI, non-government organizations, Indigenous Peoples, peoples organizations, academe and other concerned agencies in the conduct of researches on the identification, assessment and classification of caves and cave resources assessment and monitoring activities;

5.1.4 Tap the cooperation of non-government organizations, people's organization and other stakeholders as active partners in the conservation and protection of caves and cave resources;

5.1.5 Disseminate information and conduct educational campaign on the need to conserve, protect and manage caves and cave resources, with other partner agencies;

5.1.6 Issue SEP clearance/accreditation for the collection and removal of guano and other cave resources prior to LGU issuance of mayor's/business permit;

5.1.7 Shall conduct compliance monitoring of the SEP Clearance given to permitees as part of its oversight function;

5.1.8 Determine, in collaboration with concerned entities, the appropriate bonds and fees for the issuance of SEP clearance /accreditation;

5.1.9 Call on any government unit, bureau, agency, state university and/or other instrumentality of the government for assistance as the need arises in the discharge of its functions; and

5.1.10 Exercise other powers and perform other functions as may be necessary to implement the provisions of Republic Act No. 9072.

5.2.1 Enter into a memorandum of agreement with the PCSDS for the preservation, protection, development and management of caves and cave resources;

5.2.2 Facilitate the organization, accreditation and issuance of permits to nest and other cave resources gatherers in the municipality;

5.2.3 Implement the IRR formulated by the PCSDS through local ordinances and/or other legal instrumentalities;

5.2.4 Tap the cooperation of local communities, institutions and organizations as partners in the conservation and protection of caves and cave resources;

5.2.5 Issue visitor permits for caves classified for ecotourism by the appropriate tourism office;

5.2.6 Collect fees/royalties, fines and bonds from the utilization of cave resources and deposit the same to the Special Trust Fund created for the purpose and;

5.3 The National Museum shall: 5.3.1 Manage and protect caves in Palawan assessed with cultural, paleontological and archeological values;

5.3.2 With other agencies, participate in the conduct of studies or researches on the identification, assessment and classification of caves and cave resources which is to be led by the PCSDS and;

5.3.3 Participate in the conduct of Information and Education Campaign regarding caves and cave resources led by the PCSDS.

5.4.2 With other agencies, participate in the conduct of studies or researches on the identification, assessment and classification of caves and cave resources which is to be led by the PCSDS and;

5.4.3 Participate in the conduct of Information and Education Campaign regarding caves and cave resources led by the PCSDS.

5.5.3 Participate in the conduct of studies or researches on the identification, assessment and classification of caves and cave resources which is to be led by the PCSDS and;

5.6.2 Assist the PCSDS in the conduct of studies or researches on the identification, assessment and classification of caves and cave resources;

5.6.3 Assist the PCSD in conducting IEC regarding caves and cave resources; 5.6.4 Act as resource persons during training in cave management and caving skills and;

5.6.5 Provide assistance to the PCSDS and LGUs in the monitoring of caves and cave resources.

5.7.2 Assist technical personnel from different agencies during the conduct of studies or researches on the identification, assessment and classification of caves after they have obtained the FPIC and;

5.7.3 Be deputized as Cave Enforcement Officers for the protection of caves and cave resources found inside CADTs/CADCs.

Section 6. Caves Within Private Lands The word "Permit" is replaced with "SEP Clearance".

Thus, this section should read as follows: Caves and cave resources are owned by the State. As such, landowners with caves inside their private lands shall secure SEP clearance from the PCSD for the use, collection or removal of any cave resource found therein. All resource utilization outside caves within private lands, including the harvesting of planted trees, shall be regulated by the PCSD in accordance with existing laws, rules and regulations to preserve the integrity of the cave.

Section 9. Information concerning the nature and location of significant caves Added other agencies to paragraphs 1 & 3. Thus, Section 9 should read as follows: 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. During this period, the PCSDS in collaboration with the DOT, NM, NHI, concerned LGUs, scientific community, academe, DENR, NGOs, Law Enforcement Agencies, local communities, POs and IPs shall assess the value of the cave. Disclosure of such information may be made prior to the one year period upon a written request to and approval by the PCSD after ascertaining that said disclosure will further the purpose of Republic Act No. 9072 and will not create any substantial risk or harm, theft or destruction on such cave. The written request shall contain, among others, the following:

(a) description of the geographic site for which the information is sought;

(b) explanation of the purpose for which the information is sought; and,

(c) assurance or undertaking, satisfactory to the PCSD, that adequate measures are to be taken to protect the confidentiality of such information and to ensure the protection of the cave from destruction and vandalism and unauthorized use.

The PCSDS, in collaboration with the DOT, NM, NHI, concerned LGUs, scientific community, academe, DENR, NGOs, Law Enforcement Agencies, local communities, POs and IPs shall prepare a list of caves assessed and classified, within one (1) year from the issuance of this Order.

The list shall be periodically updated. Prior to the issuance of the list, the PCSD shall determine if the subject cave can be publicly known.

Section 12. Uses of Caves and Cave Resources This Section should read as follows:

Caves may be used for scientific, economic, educational, ecotourism and other purposes based on the assessment and classification of the subject caves. The PCSD, in collaboration with other concerned agencies/entities shall determine the appropriate use of the cave and the allowable activities in caves. Such activities shall be subject to the Environmental Impact Statement (EIS) System and other related rules and regulations, as appropriate. For the collection of animal derivatives such as but not limited to edible bird's nests and other cave resources, the PCSD shall set regulatory measures to include but not limited to quantity, quality and size, etc.

Section 13. Clearance This Section should read as follows:

The PCSD shall issue the SEP Clearance for the extraction of edible bird's nest and other cave resources to concessionaires, including those from municipalities who have signed a MOA with the PCSD, only upon submission SO RESOLVED.

ADOPTED and APPROVED this 24th day of February, 2006 in Puerto Princesa City.

Certified True and Correct:

DEP. EXEC. DIR Romeo B. Dorado Secretary

Approved for the Council:

REP. ABRAHAM KAHLIL B. MITRA.
PCSD Chairman