Davao City "Cave Cafe" Ordered to Close for Violating Cave Protection Act
It's not so secret, anymore.
(SPOT.ph) Secret Peak Buda Cafe—a local coffee shop built inside a cave in Purok 11, Sitio Langub, Brgy Baganihan, Marilog District, Davao City—was ordered for temporary closure after authorities found it to be in violation of Republic Act 9072 or the National Caves and Cave Resources Management and Protection Act.
Davao Cafe Ordered for Closure
Secret Peak Buda Cafe is the newest add-on and part of a bigger inland resort Secret Peak Buda Cafe and Staycation, a "destination for rest and relaxation," according to the Facebook page of the establishment (which has been going offline and online as of writing).
They also said in a post that they "discovered this cave gem of Secret Peak Buda" back in March and that a "dedicated team transformed and preserved the cave to the newest and first in Mindanao unique cave cafe dining experience." It is "inspired by the many cave cafes in Bali."
Regional Trial Court Acting Executive Judge Rowena Apao-Adlawan issued a search warrant on April 28 after finding "good and sufficient reasons to believe that Secret Peak Buda Cafe’ and Staycation, and John Doe (owner) is destroying, disturbing, defacing, altering and removing speleogem or speleothem of the cave, and is not licensed to operate nor a grantee of any permit from the DENR to destroy, disturb, deface, alter and remove speleogem or speleothem and other cave resources." The cave's limestone formations are believed to be 2.5 million years old. It has a depth of 25 meters and a height of three meters.
The cafe's furniture, like sofa, chairs, chandeliers, beds, and light fixtures installed inside the cave, were also seized. The warrant was dated April 28, while the search was carried out by the National Bureau of Investigation XI the next day.
"On Saturday (April 29), we implemented the search warrant issued by the court and when we arrived at the area, we found out that this cave was altered. We also found tables and chairs and other paraphernalia that showed the cave was defaced," National Bureau of Investigation Region XI Director Arcelito Albao said in a press briefing on May 3, Wednesday.
Department of Environment and Natural Resources Region XI Director Bagani Fidel Evasco said that an earlier complaint prompted the investigation. The owner of Secret Peak Buda Cafe and Staycation was officially charged with violation of Republic Act 9072 or the National Caves and Cave Resources Management and Protection Act after the inquest proceedings at the Davao City Prosecution Office on May 2, Tuesday.
What is the National Caves and Cave Resources Management and Protection Act?
The National Caves and Cave Resources Management and Protection Act, which was signed in 2001, defines caves as "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."
As explained by implementing agency Department of Environment and Natural Resources (DENR) - Davao in a Facebook post, Republic Act (RA) 9072 declares that caves and cave resources are owned by the state. It is also mandated by law to conserve, and protect, and manage these caves and cave resources.
What are the prohibited acts under RA 9072?
Section 18 of the National Caves and Cave Resources Management and Protection Act clearly states the following prohibited acts:
- 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:
- Gathering, collecting, possessing, consuming, selling, bartering or exchanging or offering for sale without authority any, cave resource; and
- Counseling, procuring, soliciting, or employing any other person to violate any provisions of this Section.
According to the Republic Act, "any person found guilty of any of the offenses enumerated under Section 7 hereof shall be punished by imprisonment from two ears to six years or a fine ranging from P20,000 to P500,000 or both at the discretion of the Court."
Department of Tourism Accreditation
According to an interview with Department of Tourism XI Regional Director Tanya Rabat-Tan, Secret Peak Buda Cafe is not on the list of accredited establishments by the Department of Tourism (DOT) XI.
Secret Peak Buda Cafe and Staycation cannot also be found on the Davao City Tourism Website and the list of DOT-Accredited Tourism Enterprises.
Hotels, resorts, apartment hotels, tourist inns, pension houses, bed and breakfasts, and homestays—being Primary Tourism Enterprises—are encouraged to get accreditation from the tourism agency. This allows them to ensure the quality of the establishment's facilities and services and adherence to nationwide and global standards.