Pawb Technical Bulletin NO. 2013-05: (Caves and Cave Resources Conservation, Management and Protection)

PAWB TECHNICAL BULLETIN
NO. 2013-05
SUBJECT: DENR-LGU-LANDOWNER MEMORANDUM OF
AGREEMENT TEMPLATE
(Caves and Cave Resources Conservation,
Management and Protection )
To standardize the provisions of the DENR-LGU-LANDOWNER Memorandum of
Agreement for the conservation, management, protection of caves and cave
resources outside NIPAS sites, attached is a template agreement for
guidance and implementation of all Regional Offices.
THERESA MUNDITA S. LIM

Director
MEMORANDUM OF AGREEMENT
(Caves and Cave Resources Conservation, Management and

Protection )
KNOW ALL MEN BY THESE PRESENTS

This AGREEMENT is made and entered into on ______________________ by:
The DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
REGION_______, with Office address at ______________________________, represented by
its Regional Executive Director ________________ hereinafter referred to as the DENR;
-andThe LOCAL GOVERNMENT UNIT of the city/municipality of ______________,
Province of _________________ with Office address at _________________________
represented by its Local Chief Executive, Hon. __________________, as authorized by the
Sanguniang Bayan (SB)/ Panglungsod (SP) through SB/SP Resolution No. _________ on
_________________________________________ dated _____________ hereinafter referred
to as the LGU.
-and_________________, of legal age, single/marrried, with residence address at
________________________, hereinafter referred to as the Landowner.
WITNESSETH
WHEREAS, it is the policy of the State to conserve, protect and manage caves and cave
resources as part of the country's natural wealth;
WHEREAS, caves and cave resources as are owned by the State, whether the entrance
to the cave is located in private or public land;
WHEREAS, the DENR is the lead agency tasked to implement the provisions of
Republic Act No. 9072 otherwise known as the "National Caves and Cave Resources
Management and Protection Act" or Cave Act in coordination with the Department of
Tourism, the National Museum, the National Historical Commission of the Philippines, the
Department of Interior and Local Government and concerned LGUs for specific caves;
WHEREAS, the DENR is authorized to enter into an agreement with the LGU for the
preservation, development and management of cave or caves, specifically Class 2 and 3,
located in the territorial jurisdiction of such LGU;
WHEREAS, the LGU share with the national government the responsibility in the
management and maintenance of ecological balance within their territorial jurisdiction, subject to
Republic Act No. 7160 or the "Local Government Code of 1991" and national policies;
WHEREAS, under DENR Administrative Order No. 2003-29 or the "Implementing
Rules and Regulations of the National Caves and Cave Resources Management and Protection
Act (Republic Act No. 9072)", the Landowner may enter into a tripartite agreement with the
DENR and the LGU for the conservation, management and protection of caves and cave
resources, accessible through the Landowner's property;
WHEREAS, the Landowner is the absolute owner of a parcel of land covered by
Transfer Certificate of Title (TCT) No. _______________ situated in [insert complete address],
and within the territorial jurisdiction of the LGU, where an entrance to the [ insert name of cave]
may be found;
WHEREAS, the DENR, the LGU and Landowner have manifested their interest and
willingness to enter into this Tripartite Agreement;
WHEREAS, all Parties agree on the sharing of duties and responsibilities and
accountabilities for the common goal of preservation, development and management of a specific
cave;
NOW THEREFORE, for and in consideration of the foregoing premises and the mutual
covenants herein set forth, the parties agree on the following:
A. OBJECTIVE OF THIS AGREEMENT
This Agreement is entered into by DENR, LGU and xxxxxxx for the purpose of
implementing the management plan of a certain cave located within the territorial jurisdiction of
the LGU, subject to valid and existing rights, applicable laws, policies, rules and regulations.
B. COVERAGE
This Agreement covers (name of cave)___________________, which is Class _____,
listed in DMC No. ______________, and located in Barangay ___________ , City/Municipality
of _____________, Province of ______________.
C. RESPONSIBILITIES OF PARTIES INVOLVED

The DENR shall:
1.1
1.2
1.3
1.4
1.5
1.6
1.7
Regulate the collection and removal of cave resources in Class III cave prior to
suitable clearance from PAWB, LGU, and/ or National Museum;
In general, provide trainings and other related services to ensure the effective
protection, development and management of the subject caves;
Subject to availability of funds and through the Regional Office, prepare annual
or quarterly plan to support tasks to protect, develop and manage the subject
caves;
Upon request, provide technical assistance to the LGU on the implementation of
the Cave Management Plan;
Monitor the implementation of the Cave Management Plan, and oversee the
implementation of this Agreement;
Deputize the Cave Protection Enforcement Officers (CPEOs) from locally-based
non-government organizations (NGOs), peoples' organizations (POs) and other
volunteers in accordance with existing rules and regulations; and,
[Insert here other specific DENR responsibilities as appropriate under the
circumstances of each case.]
2. The LGU shall:

2.1 Appoint a City/Municipal Environment and Natural Resources Officer who
shall assume the tasks and functions of this Agreement including the
implementation of the Cave Management Plan of xxxxxxxxxxxxxxx;
2.2 Provide manpower and financial resources for the protection, conservation
and management of the subject cave;
2.3 Where appropriate, integrate the caves management plan in the land use,
development, investment and revenue plans of the City/Municipality;
2.4 Enact the necessary ordinances, rules and regulations consistent with national
policies in support of the co-management of the subject caves;
2.5 Raise awareness among its constituents on the importance of conservation,
protection and sustainable use of caves and cave resources;
2.6 Encourage and promote the participation of the private sector and
entrepreneurs in the implementation of the Cave Management Plan and
subsequent management/development plans especially those ventures that are
related to agriculture and nature-based ecotourism;
2.7 Actively participate in the implementation of the Cave Management,
Protection and Conservation Program within its territorial jurisdiction;
2.8 In general, provide such other resources and services that will ensure the
effective conservation, protection and management of the subject cave; and,
2.9
[Insert here other specific provision as appropriate under the
circumstances of each case like assigning staff to be designated as CPEOs,
etc .]
3. The Landowner shall:
3.1
3.2
3.3
3.4
3.5
3.6
3.7
Ensure that persons who will utilize the subject cave and/or its resources possess
the required permits and/or clearances from the DENR and, where applicable,
from other government agencies;
Lead in the implementation of the Cave Management Plan with respect to the
xxxxxxxxxxxxxxxxxxxxx cave;
Assist in the protection and conservation of the subject cave;
Immediately report to the LGU and the DENR violations of the Caves Act which
involve the subject cave;
Provide the necessary assistance in the filing and prosecution of cases against
persons that violate cave laws, rules and regulations;
In general, provide such other resources and services that will ensure the
effective conservation, protection and management of the subject caves.
[Insert here other specific provisions as appropriate under the circumstances of
each case like agreed sharing scheme, be deputized as CPEO, etc.]
E. GENERAL PROVISIONS
1. Within fifteen (15) working days following approval of this Agreement, the Sangguniang
Panglungsod/Bayan, shall enact an ordinance imposing entrance fees and other charges
for the utilization of the subject caves, and creating a special account in its general fund
for the income derived by the LGU from the subject caves which is to be utilized for the
maintenance, improvement, protection, monitoring, staff capacity building, and other
related expenses of the subject cave. The Ordinance shall be reviewed annually by the
Regional Cave Committee and updated every three (3) years by the Sangguniang
Panglungsod/ Bayan, if appropriate.
2. Fees charged by the DENR shall accrue to the General Fund.
F. DURATION OF THE AGREEMENT
This Agreement shall take effect immediately upon signing and remain in force for a
period of five (5) years. Prior to its expiration, the Agreement may be renewed for another five
(5) years subject to the favorable endorsement of the concerned Regional Cave Committee and
upon compliance by the LGU with the terms and conditions of this Agreement as well as the
applicable laws, rules and regulations.
IN WITNESS WHEREOF, the parties hereunto affixed their signatures this
___________________ at ___________________.
CITY/MUNICIPALITY
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
REGION_____ OF
__________________
By:
By:
______________________
City/Municipal Mayor
_______________________
Regional Executive Director
___________________________________
Land-owner
WITNESSETH BY:
__________________________
_____________________________
ACKNOWLEDGMENT
BEFORE ME, this _____ day of __________ in ____________________, Philippines,
personally appeared:
_____________________
Passport No. __________
Issued at _____________
Valid until ____________
_____________________
Passport No. __________
Issued at _____________
Valid until ____________
Both known to me as the same person who executed the foregoing Cave Co-management
Agreement and exhibited to me their respective Philippine Passports as indicated below their
names and acknowledged to me that the same is their voluntary act and deed and free act of the
entities which they respectively represent.
Notary Public
Doc No.
__
Page No. __
Book No. __
Series of 201__

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PAWB TECHNICAL BULLETIN

THERESA MUNDITA S. LIM

(Caves and Cave Resources Conservation, Management and

KNOW ALL MEN BY THESE PRESENTS

C. RESPONSIBILITIES OF PARTIES INVOLVED

2. The LGU shall:

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