The proprietor of the Secret Peak Buda Café in Marilog District and others are facing charges of violation of Republic Act 9072 or the “National Caves and Cave Resources Management and Protection Act” for defacing and altering a cave inside the said resort.
The National Bureau of Investigation-Davao (NBI-Davao) has filed cases against Victor D. Co, lessor; Victor Y. Tan, proprietor; Joanave S. Escartin, lessee; and Mark Anthony L. dela Cruz, manager of the Secret Peak Buda Café in violation of RA 9072.
“Iba ang may ari ng property, pinarentahan, at pinalease. Ang manager wala siyang involvement sa pag alter but he is the one managing. Halimbawa may papasok na tourist doon, he will be the one to go inside and guide. Since he is the manager wala namang may-ari doon he also violated the provision of the law,” Albao said during the AFP PNP Press Corps media briefing at the Royal Mandaya Hotel on Wednesday.
Albao said the said resort has a permit to operate, which was obtained from the local government unit of Arakan, North Cotabato.
On April 29, 2023, NBI-Davao raided and served the Search Warrant issued by Regional Trial Court (RTC) Acting Executive Judge Rowena Apao-Adlawan upon her order to conduct an immediate search in the premises of “Secret Peak Buda Cafe’” located at Purok 11, Sitio Langub, Brgy Baganihan, Marilog, District, Davao City.
“When you deface or alter it that is already a violation, maliit lang ito na batas. When you change the original state of the cave you have already violated. Gibutangan ug mga lamesa, banko, and other amenities inside,” Albao said.
He said the resort is also situated inside the ancestral domain.
