ENVIRONMENTAL LAW AND PROCEDURAL RULES

ENVIRONMENTAL LAW AND PROCEDURAL RULES
Antonio G.M. La Viña and Josef Leroi L. Garcia

A. Definition Environmental law covers all laws that relate to the preservation, protection, conservation, exploitation, utilization, development, and management of the environment and its natural resources. Major Philippine environmental laws can be divided into three categories, viz: Those that primarily deal with: 1) the regulation of exploitation, utilization and development of natural resources; 2) the preservation, protection, and conservation of flora and fauna; and 3) pollution and environmental management. Those that belong to the first category include the following: 1) Presidential Decree No. 705, Revised Forestry Code, as amended by Pres. Decree No. 1559, Executive Order No. 277, and Republic Act No. 7161; 2) Rep. Act No. 8550, Philippine Fisheries Code; 3) Rep. Act No. 7076, People’s Small-Scale Mining Act; and 4) Rep. Act. No. 7942, Philippine Mining Act. Those that belong to the second category include the following: 1) Rep. Act No. 7586, National Integrated Protected Areas System Act; 2) Rep. Act No. 9147, Wildlife Conservation and Protection Act; and 3) Rep. Act No. 9072, National Caves and Cave Resources Management Act. Those that belong to the third category include the following: 1) Pres. Decree No. 979, Marine Pollution Decree; 2) Pres. Decree No. 1586, Establishing an Environmental Impact Statement System; 3) Rep. Act No. 8749, Clean Air Act; 4) Rep. Act No. 9275, Clean Water Act; 5) Rep. Act No. 9003, Ecological Solid Waste Management Act; and 6) Rep. Act No. 6969, Toxic Substances and Hazardous Waste Act.

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ENVIRONMENTAL LAW AND PROCEDURAL RULES

B. Rules of Procedure for Environmental Cases Supreme Court Administrative Matter No. 09-6-8-SC dated April 13, 2010 lays down the Rules of Procedure for Environmental Cases1. These Rules govern the procedure in civil, criminal, and special civil actions before the Regional Trial Courts (RTC), Metropolitan Trial Courts (MTC), Municipal Trial Courts in Cities (MTCC), Municipal Trial Courts (MTC), and Municipal Circuit Trial Courts (MCTC) involving enforcement or violations of environmental and other related laws, rules, and regulations.2

C. Environmental Laws Covered by the Rules It is important to note that Section 2 on the Scope thereof gives an enumeration of said laws and rules that the case be involved in but inferentially states that the listing is not exhaustive by using the phrase “such as but not limited to the following:” 1) Act No. 3572, Prohibition Against Cutting of Tindalo, Akli, and Molave Trees; 2) Pres. Decree No. 705, Revised Forestry Code; 3) Pres. Decree No. 856, Sanitation Code; 4) Pres. Decree No. 979, Marine Pollution Decree; 5) Pres. Decree No. 1067, Water Code; 6) Pres. Decree No. 1151, Philippine Environmental Policy of 1977; 7) Pres. Decree No. 1433, Plant Quarantine Law of 1978; 8) Pres. Decree No. 1586, Establishing an Environmental Impact Statement System Including Other Environmental Management Related Measures and for Other Purposes; 9) Rep. Act No. 3571, Prohibition Against the Cutting, Destroying or Injuring of Planted or Growing Trees, Flowering Plants and Shrubs or Plants of Scenic Value along Public Roads, in Plazas, Parks, School Premises or in any Other Public Ground; 10) Rep. Act No. 4850, Laguna Lake Development Authority Act; 11) Rep. Act No. 6969, Toxic Substances and Hazardous Waste Act; 12) Rep. Act No. 7076, People’s Small-Scale Mining Act; 13) Rep. Act No. 7586, National Integrated Protected Areas System Act including all laws, decrees, orders, proclamations and issuances establishing protected areas; 14) Rep. Act No. 7611, Strategic Environmental Plan for Palawan Act; 15) Rep. Act No. 7942, Philippine Mining Act; 16) Rep. Act No. 8371, Indigenous Peoples Rights Act; 17) Rep. Act No. 8550, Philippine Fisheries Code;
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AM. No. 09-6-8-SC, Effective April 29, 2010. RULES OF PROCEDURE FOR ENVIRONMENTAL CASES, Rule 1, Sec. 2. K-2

ENVIRONMENTAL LAW AND PROCEDURAL RULES

18) Rep. Act No. 8749, Clean Air Act; 19) Rep. Act No. 9003, Ecological Solid Waste Management Act; 20) Rep. Act No. 9072, National Caves and Cave Resource Management Act; 21) Rep. Act No. 9147, Wildlife Conservation and Protection Act; 22) Rep. Act No. 9175, Chainsaw Act; 23) Rep. Act No. 9275, Clean Water Act; 24) Rep. Act No. 9483, Oil Spill Compensation Act of 2007; and 25) Provisions in Commonwealth Act No. 141, The Public Land Act; Rep. Act No. 6657, Comprehensive Agrarian Reform Law of 1988; Rep. Act No. 7160, Local Government Code of 1991; Rep. Act No. 7161, Tax Laws Incorporated in the Revised Forestry Code and Other Environmental Laws (Amending the NIRC); Rep. Act No. 7308, Seed Industry Development Act of 1992; Rep. Act No. 7900, High-Value Crops Development Act; Rep. Act No. 8048, Coconut Preservation Act; Rep. Act No. 8435, Agriculture and Fisheries Modernization Act of 1997; Rep. Act No. 9522, The Philippine Archipelagic Baselines Law; Rep. Act No. 9593, Renewable Energy Act of 2008; Rep. Act No. 9637, Philippine Biofuels Act; and other existing laws that relate to the conservation, development, preservation, protection, and utilization of the environment and natural resources.3 D. Precautionary Principle This is one of the distinctive features of this Rule. 1. Definition When human activities have an environmental effect that may lead to (1) threats to human life or health; (2) inequity to present or future generations; or (3) prejudice to the environment without legal consideration of the environmental rights of those affected, although there is a lack of full scientific certainty in establishing a causal link thereto, the court shall apply the precautionary principle in resolving the action to avoid or diminish that threat, inequity or prejudice. The benefit of any doubt shall be given to the constitutional right of the people to a balanced and healthful ecology.4

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Id. Id, Rule 20, Secs. 1 and 2. K-3

the courts in civil. criminal. among others. Application as a Rule of Evidence Under the Rules of Procedure for Environmental Cases. 2) inequity to present or future generations. may be considered: 1) threats to human life or health. and special civil actions shall apply the precautionary principle as a rule of evidence. Standards for Application In applying the precautionary principle.5 5 Id. 3. the following factors.ENVIRONMENTAL LAW AND PROCEDURAL RULES 2.. K-4 . 2. Sec. or 3) prejudice to the environment without legal consideration of the environmental rights of those affected.

gathering. All the criminal offenses punished under Pres. Original and Exclusive Jurisdiction of First Level Courts 1. 2) Poaching (Sec. 9175): 1) Selling. Violation of Forestry Laws 1. 86). 81). Decree No. re-selling. 83). 10) Unlawful possession of implements and devices used by forest officers (Sec.1. Act No. disposing of. 77). 89). 8) Issuance of tax declaration without DENR certification (Sec. 2) Unlawful occupation or destruction of forest and grazing lands and kaingin (Sec. transferring. 80). 79). 8550): 1) Unauthorized fishing (Sec. 88). 9) Coercion and influence of public official (Sec. 2. for profit. 86). Violation of Fishery Laws Offenses punished under the Philippine Fisheries Code (Rep. noxious or poisonous substance. 3) Pasturing livestock in public lands without authority (Sec. 82). CRIMINAL CASES A. possessing timber or other forest products without license or permit (Sec. Act No. 5) Use of fine mesh net (Sec. 78). 6) Survey by unauthorized persons (Sec. or electrofishing devices (Sec. collecting. 88). 87). 4) Illegal occupation of national parks and vandalism (Sec.2 Criminal offenses under the Chain Saw Act (Rep. 705 or the Revised Forestry Code. distributing or possessing a chainsaw without permit. purchasing. and 12) Sale of wood products without complying with grading rules (Sec. 87). illegally caught fish (Sec. selling. 85). as follows: 1) Cutting. 3) Possession of explosives.ENVIRONMENTAL LAW AND PROCEDURAL RULES I. 2) Unlawful importation or manufacture of chainsaw. 7) Misclassification and survey of forest land as alienable and disposable land by public official or employee (Sec. 5) Destruction of wildlife resources (Sec. K-5 . and 3) Tampering of engine serial number. 1. 84). 11) Failure to pay. or remit forest charges (Sec. 4) Dealing in. 88). collect.

mineral locating. Act No. 109). 90). 103 [c]). Obstruction of permittees or contractors (Sec. fish pens and fish cages (Sec.ENVIRONMENTAL LAW AND PROCEDURAL RULES 6) Use of active gear in municipal waters and bays (Sec. defacing or destroying objects of natural beauty or objects of interest to cultural communities. 103). or mere possession of any plant or animal or product derived therefrom without a permit from the Management Board. 106). and 7) Obstruction of government officials (Sec. destroying. 2) Dumping of any waste product detrimental to the protected area. 107). 93). 3. disturbing. 103 [e]). 103 [d]). 7586). 102). 101). 95).Criminal offenses punished under the Philippine Mining Act (Rep. 7) Coral exploitation and exportation (Sec.2 All Violations of the Small-Scale Mining Act (Rep. 108). Violation of terms of Environmental Compliance Certificate (ECC) (Sec. 7942): 1) 2) 3) 4) 5) 6) Illegal exploration (Sec. 4. fences or enclosures. or otherwise occupying any land. Willful damage to mine (Sec. Theft of minerals (Sec. 5) Damaging and leaving roads and trails in a damaged condition. 7) Constructing or maintaining any kind of structure. as follows: 1) Hunting. 106). 91). K-6 . 12) Illegal gathering and marketing of shell fishes (Sec. 13) Obstruction to navigation or flow and ebb of tide (Sec. 6) Squatting. 4) Mutilating.1. 104). refuge and sanctuaries (Sec. conducting any business enterprise without a permit. 14) Illegal construction and operation of fish traps. 7076). 8) Illegal use of superlights (Sec. 9) Fishing in overfished and closed season areas (Sec. Act No. 10) Fishing in fishery reserves. and 15) Obstruction of fishery law enforcer (Sec. 11) Violation of catch ceilings (Sec. 20 of the National Integrated Protected Areas Law (Rep. 3) Use of any motorized equipment without a permit from the Management Board. Destruction of mining structures (Sec. Act No. or to the plants and animals or inhabitants therein. 96). Violation of NIPAS Law All criminal offenses punished under Sec. Violation of Mining Laws 3. 3.

6) Maltreating and/or inflicting other injuries not covered by the preceding paragraph. Violation of Cave Laws Criminal offenses punished under Secs. marring. a) when it is done as part of the religious rituals of established tribal groups or indigenous cultural communities. and 9) Altering. b) when the wildlife is afflicted with an incurable communicable disease. 2) Inflicting injury which cripples and/or impairs the reproductive system of wildlife species. collecting. Act No. 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. host plants and the like. selling. removing. 7 and 8 of the National Caves and Cave Resources Management Act (Rep. their by-products and derivatives. 3) Trading of wildlife. 5) Gathering or destroying of active nests. and e) when the wildlife is killed or destroyed after it has been used in authorized research or experiments. or depositing in ground or in bodies of water. 9147): 1) Killing and destroying wildlife species. 4) Collecting.ENVIRONMENTAL LAW AND PROCEDURAL RULES 8) Leaving in exposed or unsanitary conditions refuse or debris. defacing. removing. hunting or possessing wildlife. 9072): 1) Knowingly destroying. and 3) Counseling. Violation of Wildlife Law Criminal offenses punished under Sec. and 8) Transporting of wildlife. consuming. Act No. altering. nest trees. disturbing. 2) Gathering. d) when it is done to prevent an imminent danger to the life or limb of a human being. destroying or defacing boundary marks or signs. except in the following instances. 6. c) when it is deemed necessary to put an end to the misery suffered by the wildlife. soliciting or employing any other person to commit any of the above acts. possessing. procuring. 5. bartering or exchanging or offering for sale without authority any cave resource. K-7 . 27 of the Wildlife Conservation and Protection Act (Rep.

9275). burying of biodegradable or non-biodegradable materials in flood prone areas. manufacturing establishment. Sec. 4 of the Marine Pollution Decree (Pres. 2) Discharge or dumping of any refuse matter other than that flowing from streets and sewers out of any ship. barge. 6) Open dumping. 8749) other than those administratively penalized under Secs. 7.ENVIRONMENTAL LAW AND PROCEDURAL RULES 7. 5) Squatting in open dumps and landfills. 45 and 46 and those considered as gross violations under Sec. Violation of Pollution Laws 7. 7. 28 of the Clean Water Act (Rep. Act No. 9003): 1) Littering. vessel. throwing.4 Criminal offenses punished under Secs. Act No.3 All criminal offenses of violations of provisions of the Clean Air Act (Rep. barge. noxious gaseous and liquid substances and other harmful substances from or out of any ship. or other man-made structures at sea. wharf. or mill into tributary of any navigable water. 48 thereof. 979): 1) Discharge or dumping of oil. 7. dumping of waste matters in public places.1 Criminal offenses punished under Sec. 6 Republic Act No. willfully or through gross negligence. as punished under Sec. 9275 [2004]. chemical and biological state or conditions. 7) Unauthorized removal of recyclable material intended for collection by authorized persons. and 3) Depositing of material of any kind on the bank of a navigable water or its tributary. 3) Open burning of solid waste. 4 (g): Clean-up operations means activities involving the removal of pollutants discharged or spilled into a water body and its surrounding areas. 4) Causing or permitting the collection of non-segregated or unsorted wastes. or any other floating craft.2 Criminal offense of failure to undertake clean-up operations6. or other floating craft of vessel. and the restoration of the affected areas to their former physical. 2) Operating. 48 and 49 of the Ecological Solid Waste Management Act (Rep. K-8 . collecting or transporting equipment in violation of sanitation requirements or permits. Decree No. Act No. or from the shore.

14) Site preparation. 9) Establishment or operation of open dumps as enjoined in this Act. 12) Importation of toxic wastes misrepresented as "recyclable" or "with recyclable content". 13) Transport and dumping in bulk of collected domestic. notices or other information. or sanitary landfill. Violation of Forestry Laws Crime of actual unlawful use of chain saws under Sec. 9175). access to records. or closure of said dumps in violation of Sec. 2) Failure or refusal to submit reports. and 3) Failure or refusal to comply with pre-manufacture and preimportation requirements. stored or otherwise held. processed or distributed in violation of the Act or its implementing rules and regulations or orders. 15) Construction of any establishment within two hundred (200) meters from open dumps or controlled dumps. 13 of the Toxic Substances and Hazardous Waste Act (Rep. as required by the Act. or to permit inspection of establishment where chemicals are manufactured. distribution or use of non-environmentally acceptable packaging materials.5 Criminal offenses punished under Sec. manufactured. construction. and institutional wastes in areas other than prescribed centers or facilities. expansion or operation of waste management facilities without an Environmental Compliance Certificate and conforming with the land use plan of the LGU. 11) Importation of consumer products packaged in nonenvironmentally acceptable materials. commercial.ENVIRONMENTAL LAW AND PROCEDURAL RULES 8) Mixing of source-separated recyclable material with other solid waste in any vehicle. 7 (4) of the Chain Saw Act (Rep. Original and Exclusive Jurisdiction of Second Level Courts 1. and 16) Construction or operation of landfills or any waste disposal facility on any aquifer. 7. 10) Manufacture. processed. Act No. container or receptacle used in solid waste collection or disposal. or watershed area and or any portions thereof. Act No. 37. B. 6969): 1) Use of chemical substance or mixture which is imported. groundwater reservoir. box. K-9 . industrial.

defacing. c) Mineral exploration and/or extraction. 102). marring. Violation of Wildlife Laws Criminal offenses punished under the Wildlife Conservation and Protection Act (Rep. and 8) Obstruction of defined migration paths (Sec. b) Squatting or otherwise occupying any portion of the critical habitat. 100). e) Logging. 9072): 1) Knowingly destroying. removing. 98). threatened or endangered species (Sec. 88 [3]). 5. 9147): 1) Effecting any of the following acts in critical habitats: a) Dumping of waste products detrimental to wildlife. Act No. 4) Fishing or taking rare.ENVIRONMENTAL LAW AND PROCEDURAL RULES 2. K-10 . Violation of Mining Laws Criminal offense of mines arson punished under Sec. 7 and 8 of the National Caves and Cave Resources Management Act (Rep. altering. noxious or poisonous substance. 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. Act No. disturbing. Act No. 105). and f) Quarrying. d) Burning. Violation of Fishery Laws Criminal offenses punished under the Philippine Fisheries Code (Rep. 2) Muro-ami (Sec. Violation of Cave Laws Criminal offenses when committed by persons furnishing the capital to accomplish the same. 3. Act No. reintroduction or restocking of wildlife resources. 7942). 7) Aquatic pollution (Sec. 92). 105 of the Philippine Mining Act (Rep. or electro-fishing devices (Sec. as penalized under Secs. 94). 4. 5) Capture of sabalo or other breeders/spawners (Sec. 97). 2) Introduction. 3) Conversion of mangroves (Sec. 8550): 1) Actual use of explosives. 6) Importation or exportation of fish or fishery species (Sec.

directly or indirectly. or operating despite the existence of an order for closure. importation. 6. discontinuance or cessation of operation. 9275): 1) Failure or refusal to undertake clean-up operations. or through gross negligence resulting in serious injury or loss of life and/or irreversible contamination of surface. K-11 . possessing. consuming. or bringing into Philippine territory. but not limited to the breaking of seal. padlocks and other similar devices. and 3) Counseling. 6969). and 4) Irreparable or grave damage to the environment as a consequence of any violation of the provisions of the Clean Air Act. coastal and marine water. soliciting or employing any other person to commit any of the above acts. such as the non-payment of fines.2 All criminal offenses considered as gross violations of the Clean Air Act (Rep. Act No. 28 of the Clean Water Act (Rep. air or sea transportation. 6. 48 thereof: 1) Three (3) or more specific offenses within a period of one (1) year. either by means of land. 2) Three (3) or more specific offenses with three (3) consecutive years. 3) Blatant disregard of the orders of the PAB. selling. Violation of Pollution Laws 6. procuring. even in transit. collecting. as punished under Sec. in the storage. 6969 in toxic amounts. including its maritime economic zones. or operation despite the existence of an order for closure. aiding or facilitating. such as. as enumerated under Sec. ground. 8749). 3) Five (5) or more violations of the Clean Water Act within a period of two (2) years. Act No. 2) Deliberate discharge of toxic pollutants identified pursuant to Rep. or otherwise keeping in storage any amount of hazardous and nuclear wastes in any part of the Philippines. willfully.ENVIRONMENTAL LAW AND PROCEDURAL RULES 2) Gathering. and 4) Blatant disregard of the orders of the Pollution Adjudication Board (PAB). breaking of seals.3 Criminal offense of causing. bartering or exchanging or offering for sale without authority any cave resource. 6. Act No. 13 of the Toxic Substances and Hazardous Waste Act (Rep. Act No.1 Criminal offenses punished under Sec. discontinuance or cessation of operation.

arrest a person: 1) When. boats. Sec. without a warrant.7 2. See section on FORESTRY: Authority to Deputize Environment and Natural Resources Officers and FISHERIES: Authority over Municipal Waters and Jurisdiction of the DA-BFAR. 8 Id.8 3. 10 Id. Sec. Individuals deputized by the proper government agency who are enforcing environmental laws shall enjoy the presumption of regularity. 1. and he has probable cause to believe. Sec. is actually committing or is attempting to commit an offense.. See Appendices for DENR and DA-BFAR rules on seizure and custody of forest products. 3(m). subsections on Law Enforcement.10 7 RULES OF PROCEDURE FOR ENVIRONMENTAL CASES. Applicability of Rules of Government Agency The custody and disposition of seized items shall be in accordance with the applicable laws or rules promulgated by the concerned government agency.9 D. Sec. Application of Presumption of Regularity to Deputized Individuals A peace officer or an individual deputized by the proper government agency may effect a warrantless arrest. and logging and fishing paraphernalia. when effecting arrests for violations of environmental laws. or 2) When an offense has just been committed. 9 Id. Rule 11.. Arrest 1. 1.ENVIRONMENTAL LAW AND PROCEDURAL RULES C. Arrest Warrant All warrants of arrest issued by the court shall be accompanied by a certified true copy of the information filed with the issuing court. the person to be arrested has committed. vehicles. Custody and Disposition of Seized Items 1. under Sec. based on personal knowledge of facts or circumstances that the person to be arrested has committed it. 2. in his presence. Rule 11. Warrantless Arrest A peace officer or an individual deputized by the proper government agency may. 1(b). Rule 12.. fish catch. Rule 131 of the Rules of Court. K-12 .

Rule 12. paraphernalia. the court may direct the auction sale of seized items. after hearing.2(c). equipment. photographs. whenever practicable.15 11 12 Id.2 (a). 14 Id.Sec. tools or instruments of the crime were seized. compliance report. Auction of Seized Items Upon motion by any interested party. Sec. representative samples and other pertinent documents to the public prosecutor for appropriate action. Id. and f). Rule 12.. conveyances and instruments shall physically inventory and. fix the minimum bid price based on the recommendation of the concerned government agency. The notice of auction shall be posted in three conspicuous places in the city or municipality where the items.14 The auction sale shall be with notice to the accused. photograph the same in the presence of the person from whom such items were seized. 2 of the Rules of Procedure for Environmental Cases shall apply. tools or instruments of the crime.ENVIRONMENTAL LAW AND PROCEDURAL RULES 2.12 4.11 3. 15 Id.. submit within five (5) days from date of seizure the inventory report. Applicability of Rules of Procedure for Environmental Cases In the absence of applicable laws or rules promulgated by the concerned government agency.. paraphernalia.e. Documentation of Seized Items The apprehending officer having initial custody and control of the seized items.. Rule 12. Sec. The court shall.13 5. in case of warrantless arrest. The sheriff shall conduct the auction. 13 Id. Return of Search Warrant or Submission of Report The apprehending officer shall submit to the issuing court the return of the search warrant within five (5) days from date of seizure or.. equipment. the person from whom the items were seized.2 (d. Sec. Sec. equipment. 2.2 (b). K-13 . Sec. paraphernalia. or the owner thereof and the concerned government agency. The proceeds shall be held in trust and deposited with the government depository bank for disposition according to the judgment.

city or municipality other than where the case is pending. with any metropolitan trial judge. Id. Who May Initiate Any offended party. If the court grants bail. Where Filed. Rule 14. Sec.. Sec. the court may issue a hold-departure order in appropriate cases. K-14 . city or municipality. Filing of Information The information charging a person with a violation of an environmental law and subscribed by the prosecutor shall be filed with the court.. municipal trial judge or municipal circuit trial judge therein. 17 3. 18 Id. 1.18 F. with the consent of and subject to the control and supervision of the public prosecutor. Hold Departure Order Bail in the amount fixed may be filed with the court where the case is pending. 1. peace officer or any public officer charged with the enforcement of an environmental law may file a complaint before the proper officer in accordance with the Rules of Court. Rule 9.. 3. 2. Sec.ENVIRONMENTAL LAW AND PROCEDURAL RULES E. a counsel whose services are offered by any person or organization may be allowed by the court as special prosecutor. metropolitan trial judge. bail may also be filed with any Regional Trial Court of said place. Special Prosecutor Where there is no private offended party. If the accused is arrested in a province. with any regional trial judge.. or if no judge thereof is available. Bail 1. 19 Id.19 16 17 Id. Sec. Complaint and Information 1. municipal trial judge or municipal circuit trial judge in the province. or in the absence or unavailability of the judge thereof.16 2.

.20 G.. Rule 15. the trial may proceed in absentia. as follows: 1) To appear before the court that issued the warrant of arrest for arraignment purposes on the date scheduled. accused waives the reading of the information and authorizes the court to enter a plea of not guilty on behalf of the accused and to set the case for trial. Sec. 2) Proceed to receive evidence on the civil aspect of the case. 2. and 3) To waive the right of the accused to be present at the trial. including the civil liability for damages. and if the accused fails to appear without justification on the date of arraignment. Conditions for Grant of Bail Before granting the application for bail. with notice to the public prosecutor and offended party or concerned government agency that it will entertain plea-bargaining on the date of the arraignment. Procedure in Plea-Bargaining On the scheduled date of arraignment. Where the prosecution and offended party or concerned government agency agree to the plea offered by the accused. and upon failure of the accused to appear without justification and despite due notice. Setting of Arraignment. the court shall: 1) Issue an order which contains the plea-bargaining arrived at. the court shall consider pleabargaining arrangements. 2. Arraignment and Plea-Bargaining 1.21 2. 2) To appear whenever required by the court where the case is pending. if any. K-15 . the judge must read the information in a language known to and understood by the accused and require the accused to sign a written undertaking.ENVIRONMENTAL LAW AND PROCEDURAL RULES 2.. 22 Id. Sec. and 3) Render and promulgate judgment of conviction. 1. Sec. Id. Notices The court shall set the arraignment of the accused within fifteen (15) days from the time it acquires jurisdiction over the accused.22 20 21 Id.

Sec..23 The preliminary conference shall be for the following purposes: 1) To assist the parties in reaching a settlement of the civil aspect of the case. Preliminary Conference. 3) To attach copies of the documents to the records after comparison with the originals. for a preliminary conference to be set at least three (3) days prior to the pre-trial. 6) To record the proceedings during the preliminary conference in the Minutes of Preliminary Conference to be signed by the parties and counsel. 4) To ascertain from the parties the undisputed facts and admissions on the genuineness and due execution of documents marked as exhibits.ENVIRONMENTAL LAW AND PROCEDURAL RULES H. How Conducted by the Court During the pre-trial.24 The parties or their counsel must submit to the branch clerk of court the names. the court shall: 1) Place the parties and their counsels under oath. 25 Id. 2) To mark the documents to be presented as exhibits. Pre-Trial 1. 7) To mark the affidavits of witnesses which shall be in question and answer form and shall constitute the direct examination of the witnesses. It may refer the case to the branch clerk of court. Rule 16. if warranted. 1. K-16 .25 2. and 8) To attach the Minutes and marked exhibits to the case record before the pre-trial proper. addresses and contact numbers of the affiants. 2) Adopt the minutes of the preliminary conference as part of the pretrial proceedings. confirm markings of exhibits or substituted photocopies and admissions on the genuineness and due execution of documents. the court shall set the pre-trial conference within thirty (30) days. and list object and testimonial evidence. 3) Scrutinize the information and the statements in the affidavits and other documents which form part of the record of the preliminary 23 24 Id. Id. 5) To consider such other matters as may aid in the prompt disposition of the case. Purpose After the arraignment.

otherwise. Require the parties to submit to the branch clerk of court the names. Id. Ask parties to agree on the specific trial dates and adhere to the flow chart determined by the court..30 26 27 Id. 30 Id. and Consider modification of order of trial if the accused admits the charge but interposes a lawful defense.ENVIRONMENTAL LAW AND PROCEDURAL RULES 4) 5) 6) 7) investigation. and Documentation All questions or statements must be directed to the court. the admissions made. 6. Sec.. they cannot be used against the accused. and c) Amount of damages. setting forth the actions taken during the pretrial conference. 29 Id. 7. b) Qualification of expert witnesses. and the minutes signed by the parties or their counsels. which shall contain the time frames for the different stages of the proceeding up to promulgation of decision. 4.. The order shall bind the parties and control the course of action during the trial. Sec. the transcripts prepared. 5. Sec.28 All proceedings during the pre-trial shall be recorded.. and the schedule of trial. The agreements covering the matters referred to in Section 1. K-17 . the number of witnesses to be presented.. Pre-Trial Order The court shall issue a pre-trial order within ten (10) days after the termination of the pre-trial. together with other documents identified and marked as exhibits. Manner of Directing Questions.27 All agreements or admissions made or entered during the pre-trial conference shall be reduced in writing and signed by the accused and counsel. Admissions and Agreements. Define factual and legal issues. to determine further admissions of facts as to: a) The court’s territorial jurisdiction relative to the offense(s) charged. evidence marked. 3. Sec. Rule 118 of the Rules of Court shall be approved by the court.26 3. Sec. the facts stipulated.29 4. 28 Id. addresses and contact numbers of witnesses that need to be summoned by subpoena.

. Sec. the civil action for the recovery of civil liability arising from the offense charged shall be deemed instituted with the criminal action. Civil Action and Liability 1.. 35 Id. Pro-bono Lawyers If the accused cannot afford the services of counsel or there is no available public attorney.33 3. Rule 10.. unless the complainant waives the civil action. Period to Decide and Dispose of the Case With or without any memoranda filed.32 2. 5. subject to cross-examination and the right to object to inadmissible portions of the affidavit. Id. Submission of Memoranda The court may require the parties to submit their respective memoranda and if possible. within a non-extendible period of thirty (30) days from the date the case is submitted for decision. 3. 37 31 32 Id. Sec. Institution of Civil Action When a criminal action is instituted. Sec. 4. the court shall require the Integrated Bar of the Philippines to provide pro bono lawyers for the accused. Sec. Trial 1.36 J.ENVIRONMENTAL LAW AND PROCEDURAL RULES I. Sec. affidavits in lieu of direct examination shall be used. 37 Id. the court shall have a period of sixty (60) days to decide the case counted from the last day of the 30-day period to file the memoranda. 1. Affidavits In Direct Examination The court shall endeavor to conduct continuous trial which shall not exceed three (3) months from the date of the issuance of the pre-trial order. K-18 . Sec..34 The court shall dispose the case within a period of ten (10) months from the date of arraignment. Rule 17. reserves the right to institute it separately or institutes the civil action prior to the criminal action.31 For this purpose. 34 Id. in electronic form. 36 Id. Continuous Trial. 33 Id.. 1.35 4. 2.

See Section on Civil Cases: Environmental Protection Order.41 2. the reservation of the right to institute separately the civil action shall be made during arraignment. The award shall be used for the restoration and rehabilitation of the environment adversely affected. Rule 18. Rule 10.. by motion of the person entitled to recover under judgment.. Rule 13. the court may.ENVIRONMENTAL LAW AND PROCEDURAL RULES Unless the civil action has been instituted prior to the criminal action. enforce such subsidiary liability against a person or corporation subsidiarily liable under Article 102 and Article 103 of the Revised Penal Code. shall accrue to the funds of the agency charged with the implementation of the environmental law violated. 1.40 K. Award of Damages to Agency for Restoration and Rehabilitation In case civil liability is imposed or damages are awarded. 41 Id. Sec. Provisional Remedies 1. Attachment The provisional remedy of attachment under Rule 127 of the Rules of Court may be availed of in environmental cases. Id.42 38 39 Id. and the fees shall constitute a first lien on the judgment award.. Subsidiary Liability In case of conviction of the accused and subsidiary liability is allowed by law.38 2. 40 Id.39 3.. K-19 . 42 Id. 2. second paragraph. The damages awarded in cases where there is no private offended party. the filing and other legal fees shall be imposed on said award in accordance with Rule 141 of the Rules of Court. less the filing fees. Sec. 1.. Sec. 1. Sec. EPO and TEPO in Criminal Cases The procedure for the issuance of Environmental Protection Orders (EPO) and Temporary Environmental Protection Orders (TEPO) shall be governed by Rule 2 of the Rules of Procedure for Environmental Cases.

Prosecution’s and Accused Quantum of Evidence Distinguished The hearing on the defense of a SLAPP shall be summary in nature. criminal or administrative.45 4. The party seeking the dismissal of the case must prove by substantial evidence that his acts for the enforcement of environmental law are a legitimate action for the protection. Sec. vex. Defined Strategic lawsuit against public participation (SLAPP) refers to an action whether civil. Ground for a Motion to Dismiss in a Criminal Case Upon the filing of an information in court and before arraignment.43 2. Rule 19. institution or the government has taken or may take in the enforcement of environmental laws. Sec. See Section on Civil Cases: SLAPP Suits. it shall immediately proceed with the arraignment of the accused. Sec. The parties must submit all the available evidence in support of their respective positions.46 43 44 Id. protection of the environment or assertion of environmental rights.. Rule 1. Criminal SLAPP Suits 1. protection of the environment or assertion of environmental rights. 2. Sec. Sec. Id.. institution or any government agency or local government unit or its officials and employees. Determination by the Court The court shall grant the motion if the accused establishes in the summary hearing that the criminal case has been filed with intent to harass. with the intent to harass. brought against any person. preservation and rehabilitation of the environment.ENVIRONMENTAL LAW AND PROCEDURAL RULES L. Rule 6. 46 Id. Summary Hearing. 3. If the court denies the motion. 45 Id. exert undue pressure or stifle any legal recourse that any person. 1.. 4 (g). institution or government agency has taken or may take in the enforcement of environmental laws.44 3. SLAPP Suit.. 1. exert undue pressure or stifle any legal recourse that such person. the accused may file a motion to dismiss on the ground that the criminal action is a Strategic Lawsuit Against Public Participation or a SLAPP suit. vex. The party filing the action assailed as a SLAPP shall prove by preponderance of evidence that the action is not a SLAPP. K-20 .

development.1966.R. August 31.48 As the law confines in the DENR the power to determine these particular questions or matters.R. No. The doctrine of primary jurisdiction does not warrant a court to arrogate unto itself the authority to resolve a controversy. No. Director of Forestry v.49 Settled is the rule that the courts will defer to the decisions of the administrative offices and agencies by reason of their expertise and experience in the matters assigned to them pursuant to the doctrine of primary jurisdiction. 48 Lim v. 2007. supra note 47. 21167. 2006.50 2. and the protection. 24796. Paderanga. Administrative decisions on matters within the jurisdiction of administrative bodies are to be respected and can only be set aside on proof of grave abuse of discretion. Inc. G. Secretary of Agriculture and Natural Resources. 2008.47 The DENR possesses wide latitude of discretion in determining the appropriate actions to be taken to preserve and manage natural resources. 1987. rules and regulations.. Doctrine of Primary Jurisdiction Limits Court Jurisdiction The enforcement of forestry laws. Inc. 495 SCRA 301. and the proper parties who should enjoy the privilege of utilizing these resources. 51 Dagudag v. Tabao v.R. A. June 19. 23 SCRA 1183. v..The Secretary of Agriculture and Natural Resources. G. G. Muñoz. v. 111107. No.M. or error of law. 26990.R. G. September 4. RTJ-06-2017. G. No. and management of forest lands fall within the primary and special responsibilities of the DENR. A.01-1651. fraud. No. 1968. 169080. July 17. January 10. the DENR should be given a free hand unperturbed by judicial intrusion to determine a controversy which is well within its jurisdiction. Euro-Med Laboratories v. No. Province of Batangas. 152 SCRA 80.R.M. December 19. Enage. Enage.R. No. Court of Appeals. Civil Cases Limits on the Jurisdiction of First and Second Level Courts in Ordinary Civil Actions involving Environmental Laws 1. its jurisdiction prevails over the courts. No. Paat v. G. Ganitano v. 1970. July 16. 49 Lianga Bay Logging Co.ENVIRONMENTAL LAW AND PROCEDURAL RULES II. March 31. By the very nature of its function. RTJ. 2001. K-21 . 30637. 266 SCRA 167. Macroasia. Primary Jurisdiction of the DENR The jurisdiction of the DENR over matters which are addressed to its sound discretion as the government agency entrusted with the regulation of activities coming under its special technical knowledge and training will not be interfered with by the courts. 50 Celestial Nickel Mining Exploration v. June 28.R. G. 541 SCRA 166. 555 SCRA 217.51 47 Lianga Bay Logging Co. 16 SCRA 543. 1997. the jurisdiction over which is initially lodged with an administrative body of special competence. 34 SCRA 751. Lilagan. 364 SCRA 322. 148106. No.

is too significant to be waylaid by the courts. G. July 10. 304 SCRA 331.R. Lanzanas. supra note 51. Condition Precedent The principle of exhaustion of administrative remedies applies insofar as the review of the decisions of the Secretary of the DENR and his subordinates is concerned. G. 320 SCRA 530. 1999. 55 Dy v. 93540. Not only is there forumshopping. WMC Resources International.54 Accordingly. 412 SCRA 101. Exhaustion of Administrative Remedies. No. same essential facts and circumstances and raise identical causes of actions. Court of Appeals. 24548. No. supra note 51.56 4. if any. Paderanga. being a condition precedent prior to recourse to the courts and. G. more importantly. December 13. 131442. Nos.R. The premature judicial action is fatal to one's cause of action. G. Failure to Exhaust Administrative Remedies May Constitute Forum-Shopping If agreements of sale pertain to shares of stock which represent ownership of mining rights or interest in mining agreements. Lilagan. Dagudag v. but also failure to exhaust administrative remedies. G. Director of Forestry. 1999. No. 56 Tan v. Tabao v. Courts should not entertain suits unless the available administrative remedies have first been resorted to and the proper authorities have been given an appropriate opportunity to act and correct their alleged errors. 2003. September 24.53 It is a pre-condition that all the means afforded by the administrative processes should first be availed of before a court's judicial power can be sought. Sec. 125 SCRA 302.ENVIRONMENTAL LAW AND PROCEDURAL RULES 3. 121587. Court of Appeals. by opting to go ahead in seeking reliefs from the court even while those same reliefs were appropriately awaiting resolution by the MGB. 54 Bangus Fisherfolk v. subject matter.58 52 Factoran v. Rule 2. 153885 and 156214. No. committed in the administrative forum. October 27. the power of the MGB to rule on the validity of the questioned agreements of sale is inextricably linked to the very nature of such agreements over which the MGB has jurisdiction under the law. The case instituted with the RTC is correctly ordered dismissed on the ground of forum shopping. supra note 51. K-22 . 53 Paat v. Court of Appeals. The doctrine of exhaustion of administrative remedies is basic.R.R. March 9. there is identity of reliefs if the same issue is brought to the RTC. 58 RULES OF PROCEDURE IN ENVIRONMENTAL CASES. 2003. the case is susceptible to dismissal for lack of cause of action.52 Exhaustion of the remedies in the administrative forum.55 In the case of the Secretary of the DENR.R. 1983. Unavoidably. 57 Lepanto Consolidated Mining v. 405 SCRA 530.57 A complaint in environmental cases is required to include a certification against forum-shopping. failure to appeal his decision to the Office of the President is a failure to exhaust administrative remedies. and issues. Forum shopping exists when both actions involve the same transactions. absent any finding of waiver or estoppel. being an element of one’s right of action. 3.

Mitra v. June 27. 25641. Marcelino. 5) Where there are circumstances indicating the urgency of judicial intervention. G. 40 SCRA 210. 24989. Villegas. Hechanova. Pineda. G.R.R.. No. K-23 . 63 Cipriano v. 47617. 45 SCRA 342. No.64 8) A petition for mandamus filed with the Regional Trial Court to compel the DENR and its Environmental Management Bureau (EMB) to issue a Certificate of Non-Coverage under the Environmental Impact Assessment System is a proper remedy where the project is not an environmentally critical project or 59 60 Cuevas v.R. Vamenta. 9 SCRA 230.R. No. 143 SCRA 674. 43 SCRA 291. not a deputized enforcement officer. 1973. Philippine Veterans Administration. 41631. 62 Gonzales v. 21 SCRA 127.R. 1967. G. No.R. 51 SCRA 340. G. Abaya v. No. No. No. 1963. Mamigo. Bagatsing v. January 31. 1967. 27299. 21691. 1976. 74 SCRA 306. Del Mar v. Aguilar v. Calo. 1971. whose acts as an alter ego of the President bear the implied or assumed approval of the latter. 1972. G. 19 SCRA 223.R. No. Valencia. Exceptions to Exhaustion of Administrative Remedies The doctrine does not apply in the following cases: 59 1) Where the issue is purely a legal one.R. 64 PICOP Resources v. G. filing the action with the trial court did not violate the doctrine of exhaustion of remedies because it was for the purpose of transferring the custody of the confiscated products to the CENRO and the Office of the Government Prosecution and for resolving the cases with dispatch. 161798. December 17. No. Secretary of Agriculture and Natural Resources. G. May 31. 7) In an action for damages with preliminary mandatory injunction filed before the Regional Trial Court alleging that a timber licensee and IFMA holder has no authority to keep custody of confiscated timber and conveyances because it is a private entity and mere depository of the timber and conveyances. September 15. 61 Gravador v. G. 34030. it was held that there was no need for exhaustion of administrative remedies. Ramirez. August 29. October 20. unless actually disapproved by him. Despite the fact that there were ongoing administrative confiscation proceedings being conducted by the DENR.R.R. Dauan v.R. G.ENVIRONMENTAL LAW AND PROCEDURAL RULES 5. 441 SCRA 46. 4) Where the respondent is a department secretary. 21897. No. et. 20 SCRA 742. G.R. 30396. G. 2004. 18 SCRA 1034. 1972. 1986. 1966. February 28. al. G. December 17. and Commissioner of Immigration v. No. and nothing of an administrative nature is to be and can be done60 2) Where insistence on its observance would result in nullification of the claim being asserted61 3) Where the controverted act is patently illegal or was performed without jurisdiction or in excess of jurisdiction. July 30. October 22. 1967. 19547. No. Subido. July 21.62 and 6) When the rule does not provide a plaintiff speedy and adequate remedy63. 27793.

1993. Tan v. 7942.. it can still be validly revoked by the State in the exercise of police power. 190 SCRA 673. No.R.65 6. since the State. Environmental Licenses and Permits are Not Contracts Protected by the Non-Impairment and Due Process Clauses Timber licenses. Even if a license is valid. This Regalian doctrine is an exercise of its sovereign 65 66 Republic v. 2002. may alter.R. October 18. citing Tan v.67 The determination of what is in the public interest is necessarily vested in the State as owner of all mineral resources. No. They may be validly amended. It is the ministerial duty of the EMB to issue the Certificate of Non-Coverage and said agency can be compelled to perform its duty through a petition for mandamus filed with the Regional Trial Court even without exhausting administrative remedies by first appealing the EMB decision to the DENR Secretary. modified. Base Metals Mineral Resources. Macaraig. supra note 56. and do not vest in the latter a permanent or irrevocable right to the particular concession area and the forest products therein. December 2. The exercise of such power through a presidential proclamation is in accord with jura regalia. Exploration permits merely evidence a privilege granted by the State. No. which reserves to the State ownership of all natural resources. Like timber permits. G.R. G. 101083. Director of Forestry. No. 1998. G. G. 79538. supra note 56. mining exploration permits do not vest in the grantee any permanent or irrevocable right within the purview of the non-impairment of contract and due process clauses of the Constitution. December 6.R.R. 67 Southeast Mindanao Gold Mining v. City of Davao. Factoran. Ysmael v. 1990. 2002. April 3. 388 SCRA 691. in accordance with the demands of the general welfare. Deputy Executive Secretary. 80849. and license agreements are the principal instruments by which the State regulates the utilization and disposition of forest resources to the end that public welfare is promoted. Factoran. Jr. G. modify or amend the same. September 12. 299 SCRA 491. Act No. under its allencompassing police power. No. 135190. Ines Melale Forest Products Corporation v. G. 2006.ENVIRONMENTAL LAW AND PROCEDURAL RULES located in an environmentally critical area. K-24 . They merely evidence a privilege granted by the State to qualified entities. 163509. development and utilization of the country’s natural mineral resources are matters impressed with great public interest. July 30. PICOP Resources v. modified or rescinded when the national interest so requires. Sta. Oposa v. supra note 66. and Oposa v. Balite Portal Mining Cooperative. Director of Forestry.R. permits.66 This holds true as well for mining exploration permits under Rep. 148622. 510 SCRA 400. No. which may be amended. replaced or rescinded by the Chief Executive when national interest so requires. They are not deemed contracts within the purview of the due process of law clause. This is necessarily so since the exploration. 224 SCRA 992.

70 Tan v. November 20. if made applicable retroactively.70 68 Republic of the Philippines v.68 6. 69 Lepanto Consolidated Mining v. because it concerns a subject impressed with public welfare.1. is equivalent to an impairment of said contract in violation of the Constitution. 149927. The nonimpairment clause must yield to the police power of the state. 2006. particularly in the conditions imposed for its valid transfer. 426 SCRA 517. Where there is supporting evidence. the revocation of a timber license is a valid exercise of this power. March 30. G. G. the mineral deposits of which are a valuable asset. supra note 56. By imposing a new condition apart from those already contained in the agreement. and welfare of society. Pursuant to these principles. 507 SCRA 315. Revocation of License or Franchise as an Exercise of Police Power The grant of license does not create irrevocable rights. R. No. No. will effectively modify the terms of the original contract and thus impair the obligations of the parties thereto and restrict the exercise of their vested rights under the original agreement. 162331. 40 of the Philippine Mining Act of 1995. the Secretary of the DENR has the authority to revoke. timber licenses issued by the Director of Forestry.R.69 7. 2004. safety.ENVIRONMENTAL LAW AND PROCEDURAL RULES power as owner of lands of the public domain and of the patrimony of the nation. if made to apply to said FTAA. Sec. Exception to the Rule However. would be tantamount to an impairment of the obligations under said contract as it would effectively restrict the right of the parties thereto to assign or transfer their interests in the said FTAA. WMC Resources International. Sec. A license is not a contract to which the protection accorded by the non-impairment clause may extend. neither is it property or property rights. No franchise or right can be availed of to defeat the proper exercise of police power. 40 of the Philippine Mining Act of 1995 requiring the approval of the President with respect to assignment or transfer of FTAAs. Director of Forestry. it is settled that provisions of existing laws and a reservation of police power are deemed read into it. The State has inherent power enabling it to prohibit all things hurtful to comfort. Even if the license were. K-25 . on valid grounds. Such modification to the FTAA. before the parties to the FTAA may assign or transfer their rights and interest in the said agreement. Rosemoor Mining and Development Corporation.

The Secretary of Agriculture and Natural Resources. 72 Paat v.73 2. 73 Paat v. v. supra note 51. Courts should dismiss Replevin Suits over Property Seized by DENR under its Administrative Confiscation Powers The assumption by a trial court of a replevin suit filed by owners of items apprehended or seized constitutes an unjustified encroachment into the DENR’s prerogative to undertake administrative confiscation proceedings. more so where the interests of a private logging company are pitted against that of the public at large on the pressing public policy issue of forest conservation. The judiciary will stand clear from a public policy activity where the government is undertaking an assessment and evaluation of all timber license agreements entered into.R. Court of Appeals. Permits and Franchises The courts recognize the wide latitude of discretion possessed by the government in determining the appropriate actions to be taken to preserve and manage natural resources. 34 SCRA 751. Court of Appeals. and permits or licenses issued. No. G.R. G. Lilagan. Muñoz. 23 SCRA 1183. Deputy Executive Secretary. 24796. if the case is already with the public prosecutor or another court. Ysmael v. demonstrates ignorance of the law. Courts should stand Clear from Public Policy Activity of Granting Environmental Licenses. issue the writ ordering the return of the seized items.72 Dismissal of a replevin suit for lack of cause of action in view of the owner’s failure to exhaust administrative remedies is the proper course of action for a court. Sr. Court of Appeals. Lilagan. supra note 51. consequently. 74 Tabao v.ENVIRONMENTAL LAW AND PROCEDURAL RULES 8. supra note 51. the jurisdiction over which is initially lodged with an administrative body of special competence.74 71 Lim. 1970. Dy v. June 28. Replevin Suits 1. 1968. K-26 . Tabao v. supra note 55. The doctrine of primary jurisdiction does not warrant a court to arrogate unto itself the authority to resolve a controversy. 26990.71 A. and the proper parties who should enjoy the privilege of utilizing these resources. Director of Forestry v. Judge demonstrates Ignorance of the Law in Entertaining Replevin Suits A judge's act of taking cognizance of a replevin suit over property under DENR administrative confiscation proceedings or under custodia legis. supra note 51. supra note 66. August 31. No. not to assume jurisdiction over the case and.

331 SCRA 55. implements and conveyances seized and confiscated by forest officials under Pres.76 The prudent recourse for a sheriff enforcing a writ of replevin.M. is to desist from executing the warrant and to make a partial return by conveying the information to the court for further instructions. July 28. Court of Appeals. forest officers performing duties and functions within the limits of their authority represent the DENR and may not be proceeded against without the State's consent. supra note 75. K-27 . upon being informed that the property involved is in the custody of the DENR by virtue of administrative seizure and confiscation. 77 Mamanteo. Sec. April 27. including the government and juridical entities authorized by law. Calub v.78 B. v. supra note 75. supra note 75. 79 RULES OF PROCEDURE FOR ENVIRONMENTAL CASES. et. Order No. Deputy Sheriff Magumun. may file a civil action involving the enforcement or violation of any environmental law. v. Court cannot hold DENR officials in Contempt for Failure to follow Replevin Order. et. Decree No. 2000. al. 76 Factoran v. 705.77 5. Duty of Sheriff executing Replevin Order There can be no contempt against DENR officials who fail to follow a replevin order that was issued with grave abuse of discretion. G. 78 Calub v. Court of Appeals. as amended by Exec.R. Rule 2. No. Complaint 1. Calub v. 277 are considered suits against the State. supra note 52. Seized and Apprehended property is in Custodia Legis and beyond reach of Replevin Property apprehended and seized by DENR officials pursuant to administrative confiscation proceedings is held in custodia legis and. Consent to be sued needed in Replevin Suits against DENR Officials Actions before the courts contesting custody over forest products. beyond the reach of replevin. 1999. Who May File Any real party in interest. In implementing and enforcing Secs.79 75 Factoran v. 77-A and 89 of the Forestry Code. Court of Appeals. Deputy Sheriff Magumun. 115634. A.ENVIRONMENTAL LAW AND PROCEDURAL RULES 3. 331 SCRA 55. supra note 52. P-98-1264. replevin will not lie to recover it. No. Mamanteo. 4. Court of Appeals. When a thing is in official custody of a judicial or executive officer in pursuance of his execution of a legal writ. al. hence.75 4. Court of Appeals.

83 Id.80 3. Assignment by Raffle If there is only one (1) designated branch in a multiple-sala court. object evidence. K-28 . It shall constitute a first lien on the judgment award. Sec. Agency Concerned to be Furnished Complaint Upon the filing of the complaint in environmental cases.84 7.81 4. 84 Id. The affidavits shall be in question and answer form and shall comply with the rules of admissibility of evidence. a copy of the complaint.. If the complaint is not an environmental complaint.83 6.82 5. 6. 85 Id. Other Requirements The complaint shall state that it is an environmental case and the law involved.. the executive judge shall conduct a special raffle on the day the complaint is filed. their addresses. documentary evidence and. Sec. The complaint shall also include a certification against forum shopping.. the cause of action. Sec.ENVIRONMENTAL LAW AND PROCEDURAL RULES 2. although not a party. 82 Id. the executive judge shall immediately refer the case to said branch.. Form of Affidavits The plaintiff shall attach to the verified complaint all evidence proving or supporting the cause of action consisting of the affidavits of witnesses. 12. Sec. 7. if possible. the presiding judge shall refer it to the executive judge for re-raffle. 3.85 80 81 Id. Evidence to be attached to the Complaint. the plaintiff is required to furnish the government or the appropriate agency. Proof of service upon the government or the appropriate agency shall be attached to the complaint. Filing Fees The payment of filing and other legal fees by the plaintiff shall be deferred until after judgment unless the plaintiff is allowed to litigate as an indigent. Id. and the reliefs prayed for. Verified Complaint The complaint shall be verified and contain the names of the parties. If there are two (2) or more designated branches.

Temporary Environmental Protection Order (TEPO) If it appears from the verified complaint with a prayer for the issuance of an Environmental Protection Order (EPO) that the matter is of extreme urgency and the applicant will suffer grave injustice and irreparable injury. while the applicant may be fully compensated for 86 87 Id. Rule 2. 8. the court where the case is assigned.. 5. may issue ex parte a Temporary Environmental Protection Order (TEPO) effective for only seventy-two (72) hours from date of the receipt of the TEPO by the party or person enjoined.86 2..90 The grounds for motion to dissolve a TEPO shall be supported by affidavits of the party or person enjoined which the applicant may oppose. The TEPO may be dissolved if it appears after hearing that its issuance or continuance would cause irreparable damage to the party or person enjoined. Sec.88 It may also be granted in a petition for the writ of continuing mandamus.89 3.ENVIRONMENTAL LAW AND PROCEDURAL RULES C. the executive judge of the multiple-sala court before raffle or the presiding judge of a single-sala court. shall conduct a summary hearing to determine whether the TEPO may be extended until the termination of the case. also by affidavits. Sec.. and Conversion to Permanent EPO The court where the case is assigned shall periodically monitor the existence of acts that are the subject matter of the TEPO. Rule 7. Within said period. Rule 2. Sec. Monitoring. The applicant shall be exempted from the posting of a bond for the issuance of a TEPO. Id. 8. Rule 8. and may lift the same at any time as circumstances may warrant. Environmental Protection Order 1. Rule 1. K-29 . 89 Id. even if issued by the executive judge. 3. as the case may be.. Sec. 90 Id. preserve or rehabilitate the environment. 88 Id.87 The issuance of a TEPO may also be prayed for in a petition for the writ of kalikasan. Sec. Exemption from Bond Requirement. Lifting.. 2. Definition Environmental protection order (EPO) refers to an order issued by the court directing or enjoining any person or government agency to perform or desist from performing an act in order to protect.

for that purpose. the court may convert the TEPO to a permanent EPO. Rule 2. within which to avail of interrogatories to parties under Rule 25 of the Rules of Court and request for admission by adverse party under Rule 26. TRO or a preliminary injunction. Any private person who is authorized or deputized by the court to serve summons. Prohibition against Injunction Except the Supreme Court. 11. and other court processes shall.91 In the judgment. and other court processes may be served by the sheriff. orders. be considered an officer of the court. together with a copy of an order informing all parties that they have fifteen (15) days from the filing of an answer. Sec.. his deputy or other proper court officer. Summons and Court Processes 1.. summons by publication shall be allowed. Sec. 3. make use of depositions under Rule 23 or other measures under Rules 27 and 28. including its modification and dissolution. K-30 . by the counsel or representative of the plaintiff or any suitable person authorized or deputized by the court issuing the summons. or at their discretion.. Id.92 4.95 2. In the 91 92 Id.ENVIRONMENTAL LAW AND PROCEDURAL RULES such damages as he may suffer and subject to the posting of a sufficient bond by the party or person enjoined. 94 Id. Who may Effect Service The summons. 10. Sec. or for justifiable reasons. through the Office of the Court Administrator. no court can issue a TRO or writ of preliminary injunction against lawful actions of government agencies that enforce environmental laws or prevent violations thereof.. 13. 9. 95 Id. Rule 5. within ten (10) days from the action taken. EPO.. Report to the Supreme Court The judge shall report any action taken on a TEPO. to the Supreme Court. Service of Summons. Sec. Sec. Should personal and substituted service fail. How Effected The summons shall be served on the defendant.93 5. 93 Id. orders.94 D.

ENVIRONMENTAL LAW AND PROCEDURAL RULES case of juridical entities. Defenses and Claims Affirmative and special defenses not pleaded shall be deemed waived. answer which may include compulsory counterclaim and cross-claim. Sec. reports. the court shall declare defendant in default and upon motion of the plaintiff. K-31 . 98 Id. 14. and all evidence in support of the defense. The answer to counterclaims or cross-claims shall be filed and served within ten (10) days from service of the answer in which they are pleaded..97 2. 15. except lack of jurisdiction. summons by publication shall be done by indicating the names of the officers or their duly authorized representatives. motion for 96 97 Id.99 4.. studies of experts.100 F. Failure to Answer Should the defendant fail to answer the complaint within the period provided. Sec. Verified Answer Within fifteen (15) days from receipt of summons. Pleadings Allowed and Prohibited 1. the defendant shall file a verified answer to the complaint and serve a copy thereof on the plaintiff. Evidence to be Attached to Answer The defendant shall attach affidavits of witnesses.96 E. shall receive evidence ex parte and render judgment based thereon and the reliefs prayed for. 100 Id.98 3. 99 Id. Cross-claims and compulsory counterclaims not asserted shall be considered barred. Answer 1. Id. Allowed Pleadings and Motions The pleadings and motions that may be filed are complaint.

"105 This right implies. 4) Motion to declare the defendant in default. Sec.106 101 102 Id. Right to Balanced and Healthful Ecology is an Actionable Right An action for the revocation of all timber licenses on the ground of the violation of the right to a balanced and healthful ecology may be brought as a class action suit and by parties representing future generations on the principle of inter-generational responsibility. 3) Motion for extension of time to file pleadings. G. 477 SCRA 436. G.103 G. K-32 . 105 Laguna Lake Development Authority v. which duty is reposed in the DENR. 104 Oposa v. it carries the correlative duty of non-impairment. Factoran. motion for discovery and motion for reconsideration of the judgment. motion for new trial. 231 SCRA 292. Id. December 13. 5) Reply and rejoinder. Sec. This is but in consonance with the declared policy of the state "to protect and promote the right to health of the people and instill health consciousness among them. 1994. A denial or violation of that right by the other who has the correlative duty or obligation to respect or protect the same gives rise to a cause of action. 103 Id.R. Court of Appeals. No. among other things. Executive Secretary. Environmental Class Actions 1. 129546. 2005..102 2. the judicious management and conservation of the country’s resources.R.ENVIRONMENTAL LAW AND PROCEDURAL RULES intervention. 106 Province of Rizal v. 2..101 Motion for postponement. 110120. the extension not to exceed fifteen (15) days.104 As a constitutionally guaranteed right of every person. The constitutional right to a balanced and healthful ecology constitutes an actionable right as basis for a cause of action. Prohibited Pleadings and Motions 1) Motion to dismiss the complaint. and petition for relief from judgment shall be allowed in highly meritorious cases or to prevent a manifest miscarriage of justice. except to file answer. supra note 66. No. 2) Motion for a bill of particulars. March 16. and 6) Third party complaint. 1.

December 18. the judicious disposition. as well as other residents of areas also affected by mining activities. 171947-48. inter alia. the courts are not concerned with whether petitioners are real parties in interest.108 3. Legal Standing Sufficient in Constitutional Questions Involving Public Interest A farmers’ and indigenous peoples’ cooperative organized under Philippine laws representing a community actually affected by the mining activities. Hence. Every generation has a responsibility to the next to preserve the rhythm and harmony of nature for the full enjoyment of a balanced and healthful ecology. and other natural resources to the end that their exploration. members of said cooperative. supra note 66. as well as future generations. Such a right considers the "rhythm and harmony of nature.ENVIRONMENTAL LAW AND PROCEDURAL RULES The right to a balanced and healthful ecology need not even be in the Constitution for it is assumed to exist from the inception of mankind and it is an issue of transcendental importance with intergenerational implications. When a case involves constitutional questions. taxpayers or voters who actually sue in the public interest. have standing to raise the constitutionality of a questioned FTAA by alleging a personal and substantial injury. utilization. the question in standing is whether such parties have "alleged such a personal stake in the outcome of the 107 Metropolitan Manila Development Authority v. fisheries. but by concerned citizens. Concerned Residents of Manila Bay. Real Parties in Interest and Legal Standing Distinguished.107 2." Nature means the created world in its entirety. G. renewal and conservation of the country's forest. wildlife. in some cases. Because of its constitutional and public policy underpinnings. The State cannot escape its obligation to future generations of Filipinos to keep the waters clean and clear as humanly possible. Nos. The minors' assertion of their right to a sound environment constitutes the performance of their obligation to ensure the protection of that right for the generations to come. mineral. Standing is a special concern in constitutional law because. 524 SCRA 661. Class Action in Representation of Future Generations Allowed under the Principle of Inter-Generational Responsibility The personality to sue on behalf of succeeding generations is based on the concept of intergenerational responsibility insofar as the right to a balanced and healthful ecology is concerned. management. standing is very different from questions relating to whether a particular plaintiff is the real party in interest or has capacity to sue. off-shore areas. K-33 . suits are brought not by parties who have been personally injured by the operation of a law or by official action taken. development. but with whether they have legal standing. Factoran. 108 Oposa v. land. waters. 2008.R. and utilization be equitably accessible to the present. Such rhythm and harmony indispensably include.

or to contribute to a special trust fund for that purpose subject to the control of the court. 8749 (Clean Air Act) and Rep.109 H. Act No. Publication Upon the filing of a citizen suit. preservation or rehabilitation of the environment and the payment of attorney’s fees. the costs of which shall be borne by the violator. 9003 (Solid Waste Management Act) shall be governed by their respective provisions.. 127882. requiring all interested parties to manifest their interest to intervene in the case within fifteen (15) days from notice thereof. 111 Id. 5. the court shall issue an order which shall contain a brief description of the cause of action and the reliefs prayed for.. Order to Intervene. Who May File Any Filipino citizen in representation of others. G. 114 Id. Ramos. Citizen Suits under Specific Laws Citizen suits filed under Rep.R. Sec. K-34 . Rule 2. Citizen Suit 1. 2004.113 5.110 2.111 3. the court may grant to the plaintiff proper reliefs. Deferment on Filing and Legal Fees The court shall defer the payment of filing and other legal fees until after judgment that shall serve as first lien on the judgment award. which shall include the protection. Act No. January 27. It may also require the violator to submit a program of rehabilitation or restoration of the environment. Rule 5. may file an action to enforce rights or obligations under environmental laws. 421 SCRA 148. Relief in Citizen Suit If warranted. 1. Sec. including minors or generations yet unborn. 113 Id.ENVIRONMENTAL LAW AND PROCEDURAL RULES controversy as to assure that concrete adverseness which sharpens the presentation of issues upon which the court so largely depends for illumination of difficult constitutional questions”.112 4. costs of suit and other litigation expenses. 110 RULES OF PROCEDURE FOR ENVIRONMENTAL CASES.114 109 La Bugal-B’laan Tribal Association v. Sec. 12. The plaintiff may publish the order once in a newspaper of a general circulation in the Philippines or furnish all affected barangays copies of said order. 112 Id. No.

GR No. 117 Henares v. improperly performs his duties under the Act or its implementing rules and regulations.117 115 116 Rep. in view of the importance of the issue raised. 52. if it involves one of transcendental importance to the public. The right to clean air is an issue of paramount importance and is impressed with public interest. and shall likewise. not subject to mandamus. Although dismissed. 158290.115 Within thirty (30) days. 2) The Department or other implementing agencies with respect to orders. 505 SCRA 104. Id. October 23. This case. Act No. Citizen Suits under the Clean Air Act (Rep. in any manner. A party’s standing is a procedural technicality which may be set aside. and 3) Any public officer who willfully or grossly neglects the performance of an act specifically enjoined as a duty under the Act or its implementing rules and regulations.ENVIRONMENTAL LAW AND PROCEDURAL RULES 6. The consequences of the counter-productive and retrogressive effects of a neglected environment due to emissions of motor vehicles immeasurably affect the well-being of the public. rules and regulations issued inconsistent with the Act. Land Transportation Franchising and Regulatory Board. hence. Rep. K-35 . 8749) and the Solid Waste Management Act (Rep. exempt the plaintiff from the filing of an injunction bond for the issuance of a preliminary injunction. upon prima facie showing of the non-enforcement or violation complained of. except fees for actions not capable of pecuniary estimations. or abuses his authority in the performance of his duty. The court shall exempt such action from the payment of filing fees. however. 41. No suit can be filed until a thirty-day (30) notice has been taken thereon. Act No. 2006. Sec. 9003 [2001]. 8749 [1999]. was dismissed as the relief sought for. Act No.116 7. or. Citizen Suit to Enforce Right to Clean Air Petitioners in a citizen suit to enforce their fundamental legal right to clean air have legal standing in a petition for mandamus brought against the State. requiring the use of natural gas in public utility vehicles. the case took note of the legal standing of the petitioners. is not covered under the law and. Sec. 9003) Any citizen may file an appropriate civil. Act No. the court shall make a determination if the complaint is malicious and/or baseless and shall accordingly dismiss the action and award attorney’s fees and damages. criminal or administrative action in the proper courts against: 1) Any person who violates or fails to comply with the provisions of the Act or its implementing rules and regulations.

answers to interrogatories and answers to written request for admission by adverse party. 3) The legal and factual issues to be tried or resolved. 5) A manifestation of their having availed of discovery procedures or their intention to avail themselves of referral to a commissioner or panel of experts. 6) The number and names of the witnesses and the substance of their affidavits. 120 Id. Pre-Trial 1. the branch clerk of court shall issue a notice of pre-trial to be held not later than one (1) month from the filing of the last pleading. Failure to file the pre-trial brief shall have the same effect as failure to appear at the pre-trial. the parties shall state all evidence to support their positions thereon.118 2. 7) Clarificatory questions from the parties. The court shall schedule the pre-trial and set as many pre-trial conferences as may be necessary within a period of two (2) months.119 3. Sec. and 8) List of cases arising out of the same facts pending before other courts or administrative agencies. 2. 1. including depositions. For each factual issue. Notice and Schedule Within two (2) days from the filing of the answer to the counterclaim or cross-claim. Sec.120 118 119 RULES OF COURT FOR ENVIRONMENTAL CASES. Rule 3. Pre-trial Brief At least three (3) days before the pretrial. stating the purpose thereof.. 2) A summary of admitted facts and proposed stipulation of facts. the parties shall submit pre-trial briefs containing the following: 1) A statement of their willingness to enter into an amicable settlement. the parties shall state the applicable law and jurisprudence supporting their respective positions thereon.ENVIRONMENTAL LAW AND PROCEDURAL RULES I. 4) The documents or exhibits to be presented. if any. counted from the date of the first pre-trial conference. For each legal issue. indicating the desired terms thereof or to submit the case to any of the alternative modes of dispute resolution. K-36 . Effect of Failure to Comply or File Brief Failure to comply with the required contents of a pre-trial brief may be a ground for contempt. Id.

and shall constitute the direct examination of the witnesses. together with the marked exhibits before the pre-trial proper. and 9) To attach the minutes. K-37 . 6) To consider such other matters as may aid in its prompt disposition. Sec. and the answers to request for admissions by the adverse party under Rule 26. which shall be in question and answer form. The mediation report must be submitted within ten (10) days from the expiration of the 30-day period. 4) To require the parties to submit the depositions taken under Rule 23 of the Rules of Court. the court shall refer the case to the clerk of court or legal researcher for mediation.123 121 122 Id.121 Mediation must be conducted within a non-extendible period of thirty (30) days from receipt of notice of referral to mediation. Before the scheduled date of continuance. 3) To ascertain from the parties the undisputed facts and admissions on the genuineness and due execution of the documents marked as exhibits. Id. 2) To mark the documents or exhibits to be presented by the parties and copies thereof to be attached to the records after comparison with the originals. the answers to written interrogatories under Rule 25. the court shall immediately refer the parties or their counsel. otherwise. 123 Id. 5) To require the production of documents or things requested by a party under Rule 27 and the results of the physical and mental examination of persons under Rule 28. 4. if authorized by their clients. to the Philippine Mediation Center (PMC) unit for purposes of mediation. Mediation At the start of the pre-trial conference. the court shall inquire from the parties if they have settled the dispute. the court may refer the case to the branch clerk of court for a preliminary conference for the following purposes: 1) To assist the parties in reaching a settlement. If not available. 8) To mark the affidavits of witnesses.122 5.. 3. 7) To record the proceedings in the “Minutes of Preliminary Conference” to be signed by both parties or their counsels. the court will schedule the continuance of the pretrial.. Preliminary Conference If mediation fails. Sec.ENVIRONMENTAL LAW AND PROCEDURAL RULES 4.

The branch clerk of court may also require the production of documents or things requested by a party under Rule 27 and the results of the physical and mental examination of persons under Rule 28. addresses and contact numbers of the affiants. the answers to written interrogatories under Rule 25 and the answers to request for admissions by the adverse party under Rule 26.126 6.128 If there is no full settlement. K-38 .ENVIRONMENTAL LAW AND PROCEDURAL RULES The parties or their counsel must submit to the branch clerk of court the names.124 During the preliminary conference. and the contents of 124 125 Id. 128 Id. 3) Determine if the pleadings are in order and. order the amendments if necessary. the branch clerk of court shall also require the parties to submit the depositions taken under Rule 23 of the Rules of Court. and they shall remain under oath in all pre-trial conferences. Sec. 4) Determine if interlocutory issues are involved and resolve the same.. except newly-discovered evidence. 126 Id. Id. 2) Determine if there are cases arising out of the same facts pending before other courts and order its consolidation. 6) Scrutinize every single allegation of the complaint.. 10. Failure to present Evidence Evidence not presented during the pre-trial.125 The judge shall put the parties and their counsels under oath. 5. the judge shall: 1) Adopt the minutes of the preliminary conference as part of the pretrial proceedings and confirm the markings of exhibits or substituted photocopies and admissions on the genuineness and due execution of documents. shall be deemed waived. How Conducted The court shall endeavor to make the parties agree to compromise or settle in accordance with law at any stage of the proceedings before rendition of judgment. answer and other pleadings and attachments thereto.127 7. 5) Consider the adding or dropping of parties. if not. 127 Id. if warranted. Sec.

Id. K-39 .ENVIRONMENTAL LAW AND PROCEDURAL RULES documents and all other evidence identified and pre-marked during pre-trial in determining further admissions.. Effect of Plaintiff’s and Defendant’s Failure to Appear at Pre-Trial Distinguished The court shall not dismiss the complaint. 6. and fixing the approximate number of hours per witness. 8. and shall be signed by the parties and their counsel. more particularly admissions of facts and exhibits. 131 Id. comply with the one-day examination of witness rule. adhere to the case flow chart determined by the court. the court shall receive evidence ex parte. and 13) Ask parties to agree on the specific trial dates for continuous trial. 9) Discuss the propriety of rendering a summary judgment or a judgment based on the pleadings. under any of the alternative modes of dispute resolution governed by the Special Rules of Court on Alternative Dispute Resolution. which shall contain the different stages of the proceedings up to the promulgation of the decision. Sec.131 129 130 Id. If the defendant fails to appear at the pre-trial. 12) Determine the necessity of engaging the services of a qualified expert as a friend of the court (amicus curiae). 8) Define and simplify the factual and legal issues arising from the pleadings and evidence.130 9.. and admissions made during pre-trial.. Uncontroverted issues and frivolous claims or defenses should be eliminated. Sec. 7.129 8. and use the time frame for each stage in setting the trial dates. evidence. determining the facts to be proved by each witness. except upon repeated and unjustified failure of the plaintiff to appear. and the court may proceed with the counterclaim. 11) Encourage referral of the case to a trial by commissioner under Rule 32 of the Rules of Court or to a mediator or arbitrator. Minutes The minutes of each pre-trial conference shall contain matters taken up therein. 10) Observe the Most Important Witness Rule in limiting the number of witnesses. The dismissal shall be without prejudice. Sec. 7) Obtain admissions based on the affidavits of witnesses and evidence attached to the pleadings or submitted during pre-trial.

ENVIRONMENTAL LAW AND PROCEDURAL RULES 10. 9. and the schedule of trial. 1.. Rule 4.133 2. 136 Id. See Chapter on Mediation. subject to crossexamination by the adverse party. 135 Id. 2. 134 Id. the number of witnesses to be presented. the court shall issue a pre-trial order setting forth the actions taken during the pre-trial conference. affidavits marked during the pre-trial shall be presented as direct examination of affiants. Sec. the judge may ask the Supreme Court for the extension of the trial period for justifiable cause. limit the trial to matters not disposed of. Before the expiration of the two-month period. the evidence marked. Sec.. Consent Decree 1. Id. Pre-Trial Order Within ten (10) days after the termination of the pre-trial. Affidavits in Direct Examination In lieu of direct examination. and control the course of action during the trial. 4 (b). Said order shall bind the parties. Application during Pre-Trial The judge shall exert best efforts to persuade the parties to arrive at a settlement of the dispute. the admissions made. Trial 1. Definition Consent decree refers to a judicially-approved settlement between concerned parties based on public interest and public policy to protect and preserve the environment. morals. public order.. Rule 1.136 132 133 Id.. Sec. 5. Sec. Sec.134 K. Rule 3. The judge may issue a consent decree approving the agreement between the parties in accordance with law. Continuous Trial The judge shall conduct continuous trial which shall not exceed two (2) months from the date of the issuance of the pre-trial order. K-40 .135 2. and public policy to protect the right of the people to a balanced and healthful ecology.. the facts stipulated.132 J.

the court shall issue an order submitting the case for decision. 141 Id. institution or government agency has taken or may take in the enforcement of environmental laws. Sec. Sec. protection of the environment or assertion of environmental rights. institution or any government agency or local government unit or its officials and employees. 142 Id. Before the expiration of the one-year period.141 L. Sec. The court may require the parties to submit their respective memoranda.142 137 138 Id. Sec. Civil SLAPP Suits 1.ENVIRONMENTAL LAW AND PROCEDURAL RULES 3. the court may petition the Supreme Court for the extension of the period for justifiable cause. One-Day Examination of Witness. Only Oral Offer of Evidence is Allowed The court shall strictly adhere to the rule that a witness has to be fully examined in one (1) day. vex. 4. brought against any person. Period to Try and Decide. 4 (g) and Rule 6. if possible in electronic form. subject to the court’s discretion of extending the examination for justifiable reason. 1. 5. 140 Id. criminal or administrative.137 4.. only oral offer of evidence shall be allowed. 139 Id.140 The court shall prioritize the adjudication of environmental cases. 4.138 5. exert undue pressure or stifle any legal recourse that such person... Rule 1. Definition Strategic lawsuit against public participation (SLAPP) refers to an action whether civil. The judge shall forthwith rule on the offer of evidence in open court. Sec. Sec. Id. with the intent to harass.. Submission for Resolution. K-41 . Priority of Environmental Cases The court shall have a period of one (1) year from the filing of the complaint to try and decide the case. 3. within a non-extendible period of thirty (30) days from the date the case is submitted for decision. After the presentation of the last witness. and the opposing party shall immediately interpose his objections. Memoranda After the last party has rested its case. Sec..139 The court shall have a period of sixty (60) days to decide the case from the date the case is submitted for decision. 5..

147 Id. the defendant may file an answer interposing as a defense that the case is a SLAPP and shall be supported by documents.. Relief and Remedy after Determination The affirmative defense of a SLAPP shall be resolved within thirty (30) days after the summary hearing.145 3. attorney’s fees. 3.143 The court shall direct the plaintiff or adverse party to file an opposition showing the suit is not a SLAPP. Rule 6. preservation. the fact that the case is a civil SLAPP suit is not a ground for a Motion to Dismiss. Id. by way of counterclaim.147 5. SLAPP as Defense in Answer. attaching evidence in support thereof. 2. Sec. papers and other evidence. 145 Id. affidavits. the court may award damages.144 Unlike its counterpart in criminal SLAPP suits. K-42 . Summary Hearing The defense of a SLAPP shall be set for hearing by the court after issuance of the order to file an opposition within fifteen (15) days from filing of the comment or the lapse of the period. Rule 6. Sec. Rule 19... The hearing on the defense of a SLAPP shall be summary in nature.ENVIRONMENTAL LAW AND PROCEDURAL RULES 2. pray for damages. 146 Id. attorney’s fees and costs of suit. protection of the environment. The party filing the action assailed as a SLAPP shall prove by preponderance of evidence that the action is not a SLAPP and is a valid claim. Not Ground for Motion to Dismiss In a SLAPP filed against a person involved in the enforcement of environmental laws. and. but merely a defense to be raised in the Answer. Sec. 3. If the court dismisses the action. 1. or assertion of environmental rights. The parties must submit all available evidence in support of their respective positions. and rehabilitation of the environment. within a non-extendible period of five (5) days from receipt of notice that an answer has been filed..146 4. Defendant’s and Plaintiff’s Quantum of Evidence on SLAPP Cases Distinguished The party seeking the dismissal of the case must prove by substantial evidence that his acts for the enforcement of environmental law are legitimate actions for the protection. Sec. and costs of suit under a 143 144 Id.

. 4. Sec. the court shall dismiss the case and award attorney’s fees and double damages.152 148 149 Id. 150 Rep. 9003.148 If the court rejects the defense of a SLAPP. 3. vex. Sec. Court actions against SLAPP suits also apply to benefit public officers who are sued for enforcing the Act without grave abuse of authority. submit its comments or observations on the execution of the judgment.. Permanent EPO and Continuing Mandamus in Judgment In the judgment. or sooner as may be necessary. Judgment and Execution 1. Rep. 8749) and the Solid Waste Management Act (Rep. Sec. Sec. The action shall proceed in accordance with the Rules of Court.ENVIRONMENTAL LAW AND PROCEDURAL RULES counterclaim if such has been filed.149 6. preservation. detailing the progress of the execution and satisfaction of the judgment.151 2..150 M. 9003) Where a case (SLAPP suit) is filed against a person who filed a citizen suit. 2. the evidence adduced during the summary hearing shall be treated as evidence of the parties on the merits of the case. Act No. at its option. Act No. 8749. Act No. by itself or through the appropriate government agency. The dismissal shall be with prejudice. Sec. Judgments in favor of Environment not Stayed by Appeal Any judgment directing the performance of acts for the protection. K-43 . Id. Upon determination thereof. unless restrained by the appellate court. Rule 5. the court may convert the TEPO to a permanent EPO or issue a writ of continuing mandamus directing the performance of acts which shall be effective until the judgment is fully satisfied. 151 Id. The other party may. 43. monitor the execution of the judgment and require the party concerned to submit written reports on a quarterly basis. SLAPP Suits under the Clean Air Act (Rep. 152 Id. 53. The court may. exert undue pressure or stifle such legal recourse of the person filing the citizen suit. or rehabilitation of the environment shall be executory pending appeal. Act No. the investigating prosecutor or the court shall immediately make a determination within thirty (30) days whether said legal action has been filed to harass.

if done in contravention of the procedure outlined in the law. when invoked. It is only upon a showing of a clear grave abuse of discretion on the part of officials in the DENR and related bureaus that the courts may step in. in the exercise of their judicial powers under the Constitution. would be an abuse of this power. in the exercise of judicial powers under the Constitution. is indicative of an arbitrary and whimsical exercise of the State's power to regulate the use and exploitation of these resources. Instances of Grave Abuse of Discretion in Environmental Administrative Decisions The grant of licenses or permits to exploit the country's natural resources. order that the enforcement of the judgment or order be referred to a commissioner to be appointed by the court. The commissioner shall file with the court written progress reports on a quarterly basis or more frequently when necessary. 4. Sec.153 4. Id. Sec.ENVIRONMENTAL LAW AND PROCEDURAL RULES 3.156 153 154 Id. Review only in Cases of Grave Abuse of Discretion The courts will only encroach upon the discretion and jurisdiction of the DENR in cases of grave abuse of discretion. Return of Writ of Execution The process of execution shall terminate upon a sufficient showing that the decision or order has been implemented to the satisfaction of the court in accordance with Sec. Judicial Review of DENR Decisions via Special Civil Actions under Rule 65 1.154 N. 14.155 2. the courts will step in and wield authority. Deputy Executive Secretary.. supra note 66. 156 Id. 5. Referral to a Commissioner The court may motu proprio. Rule 39 of the Rules of Court. The alleged practice of bestowing "special favors" to preferred individuals. 155 Ysmael v. K-44 . Should the appropriate case be brought showing a clear grave abuse of discretion on the part of officials in the DENR and related bureaus with respect to the implementation of this public policy. regardless of merit.. or as a result of fraud and undue influence exerted on department officials. or upon motion of the prevailing party.

health or property of inhabitants in two or more cities or provinces. entity authorized by law. rule or regulation violated or threatened to be violated. if possible. Contents of Petition The petition shall be verified and contain the following: 1) The personal circumstances of the petitioner. and the environmental damage of such magnitude as to prejudice the life. health or property of inhabitants in two or more cities or provinces. 2. scientific or other expert studies.157 2. Writ of Kalikasan 1. and no such other action or claim is pending therein. SPECIAL CIVIL ACTIONS A. documentary evidence. Who May File The writ is a remedy available to a natural or juridical person. on behalf of persons whose constitutional right to a balanced and healthful ecology is violated. Sec. 2) The name and personal circumstances of the respondent. (3) if petitioner should learn that the same or similar action or claim has been filed or is pending. Rule 7.158 157 158 RULES OF PROCEDURE FOR ENVIRONMENTAL CASES. petitioner shall report to the court that fact within five (5) days therefrom. (2) if there is such other pending action or claim. 3) The environmental law. Id.. or if the name and personal circumstances are unknown and uncertain. 4) All relevant and material evidence consisting of the affidavits of witnesses. or any public interest group accredited by or registered with any government agency. tribunal or quasi-judicial agency. 5) The certification of petitioner under oath that: (1) petitioner has not commenced any action or filed any claim involving the same issues in any court. or threatened with violation by an unlawful act or omission of a public official or employee. non-governmental organization. and. and 6) The reliefs prayed for which may include a prayer for the issuance of a TEPO. Sec. object evidence. the respondent may be described by an assumed appellation. people’s organization. a complete statement of its present status. K-45 . or private individual or entity. involving environmental damage of such magnitude as to prejudice the life.ENVIRONMENTAL LAW AND PROCEDURAL RULES III. the act or omission complained of. Nature of the Writ. 1.

ENVIRONMENTAL LAW AND PROCEDURAL RULES 3. Issuance of the Writ. 5. Id. 7.159 4. Sec.160 5. Where to File The writ may only be filed with the Supreme Court or the Court of Appeals.162 A clerk of court who unduly delays or refuses to issue the writ after its allowance. 8.. Return Within three (3) days from the date of filing of the petition. the court shall give an order: (a) issuing the writ.164 The return shall include affidavits of witnesses. the rule on substituted service shall apply.161 The writ shall be served upon the respondent by a court officer or any person deputized by the court. health or property of inhabitants in two or more cities or provinces. In case the writ cannot be served personally. object evidence. 6. All defenses not raised in the return shall be deemed waived. in 159 160 Id.163 Within a non-extendible period of ten (10) days after service of the writ. without prejudice to other civil. and. if the petition is sufficient in form and substance. Sec. scientific or other expert studies. K-46 .. who shall retain a copy on which to make a return of service. Sec. Service. 4. rule or regulation or commit any act resulting to environmental damage of such magnitude as to prejudice the life. Sec. Sec. documentary evidence. or allow the violation of any environmental law. The clerk of court shall forthwith issue the writ under the seal of the court.. Exemption from Docket Fees The petitioner for a Writ of Kalikasan shall be exempt from the payment of docket fees. 164 Id. and (b) requiring the respondent to file a verified return as provided in Sec. or a court officer or deputized person who unduly delays or refuses to serve the same shall be punished by the court for contempt. 8 of Rule 7 of the Rules of Procedure for Environmental Cases. 3. criminal or administrative actions.. if possible. including the issuance of a cease and desist order and other temporary reliefs effective until further order.. 161 Id. 163 Id. Sec.. the respondent shall file a verified return which shall contain all defenses to show that respondent did not violate or threaten to violate. 162 Id.

It shall state in detail the place or places to be inspected. health or property of inhabitants in two or more cities or provinces. Preliminary Conference and Hearing Upon receipt of the return of the respondent.. Motion for extension of time to file return.. Motion for a bill of particulars. Sec. including the preliminary conference shall not extend beyond sixty (60) days and shall be given the same priority as petitions for the writs of habeas corpus. the court may order any person in possession or control of a 165 166 Id. Sec. A general denial of allegations in the petition shall be considered an admission thereof. 167 Id. 168 Id. Prohibited Pleadings and Motions The following pleadings and motions are prohibited: 1) 2) 3) 4) 5) 6) 7) 8) Motion to dismiss. 10. the court shall proceed to hear the petition ex parte. the court may call a preliminary conference to simplify the issues. 169 Id.169 8. After hearing.165 In case the respondent fails to file a return.166 6. and set the petition for hearing. 9. and Motion to declare respondent in default. Reply. Motion for postponement. Third-party complaint.ENVIRONMENTAL LAW AND PROCEDURAL RULES support of the defense of the respondent. 11. Sec. It shall be supported by affidavits of witnesses having personal knowledge of the violation or threatened violation of environmental law. K-47 . Discovery Measures A party may file a verified motion for the following reliefs: 1) Ocular Inspection Order . amparo and habeas data.167 The hearing.The motion must show that an ocular inspection order is necessary to establish the magnitude of the violation or the threat as to prejudice the life.. Id. Counterclaim or cross-claim.168 7. determine the possibility of obtaining stipulations or admissions from the parties.

punish the respondent who refuses or unduly delays the filing of a return. Memoranda After hearing. letters. the court shall render judgment granting or denying the privilege of the writ of kalikasan. or any person who disobeys or resists a lawful process or order of the court for indirect contempt under Rule 71 of the Rules of Court. Reliefs upon Judgment Within sixty (60) days from the time the petition is submitted for decision. time. photographs. within a non-extendible period of thirty (30) days from the date the petition is submitted for decision.. K-48 . and may prescribe other conditions to protect the constitutional rights of all parties. which constitute or contain evidence relevant to the petition or the return.ENVIRONMENTAL LAW AND PROCEDURAL RULES designated land or other property to permit entry for the purpose of inspecting or photographing the property or any relevant object or operation thereon. health or property of inhabitants in two or more cities or provinces. After hearing. accounts. to produce and permit their inspection. time. in its electronic form... custody or control of any designated documents. Sec. place and manner of making the inspection or production. The order shall specify the person or persons authorized to make the inspection and the date. copying or photographing by or on behalf of the movant. Sec.170 9. 14. 173 Id. and may prescribe other conditions to protect the constitutional rights of all parties. or objects in digitized or electronic form. the court shall issue an order submitting the case for decision.. 15. Contempt The court may. Submission for Decision. papers. Sec. 12.The motion must show that a production order is necessary to establish the magnitude of the violation or the threat as to prejudice the life. 2) Production or inspection of documents or things . The production order shall specify the person or persons authorized to make the production and the date.172 11. The court may require the filing of memoranda and. if possible. books. the court may order any person in possession. objects or tangible things. after hearing.173 170 171 Id. place and manner of making the inspection. Id.171 10. 172 Id. Sec. or who makes a false return. 13.

K-49 . preserve.ENVIRONMENTAL LAW AND PROCEDURAL RULES The reliefs that may be granted under the writ are the following: 1) Directing respondent to permanently cease and desist from committing acts or neglecting the performance of a duty in violation of environmental laws resulting in environmental destruction or damage. Writ of Continuing Mandamus 1.176 174 175 Id. Metropolitan Manila Development Authority vs. Rule 1. 4) Directing the respondent public official. Concerned Residents of Manila Bay. the court may. government agency. issue directives with the end in view of ensuring that its decision would not be set to naught by administrative inaction or indifference. and 5) Such other reliefs which relate to the right of the people to a balanced and healthful ecology or to the protection. supra note 107. In the light of ongoing environmental degradation. private person or entity to protect. Nature of the Writ Described as “continuing mandamus” under other judicial disciplines.174 B. preservation. government agency. private person or entity to monitor strict compliance with the decision and orders of the court. Definition Continuing Mandamus is a writ issued by a court in an environmental case directing any agency or instrumentality of the government or officer thereof to perform an act or series of acts decreed by final judgment which shall remain effective until judgment is fully satisfied. Sec. under extraordinary circumstances. 3 (c). 2) Directing the respondent public official. the courts can emphasize the extreme necessity for executive agencies to immediately act and set the timetable for the performance and completion of tasks as defined for them in the law. 3) Directing the respondent public official. or private person or entity to make periodic reports on the execution of the final judgment. rehabilitation or restoration of the environment. 176 RULES OF PROCEDURE FOR ENVIRONMENTAL CASES.175 2. except the award of damages to individual petitioners. rehabilitate or restore the environment. government agency.

Where to File The petition shall be filed with the Regional Trial Court exercising jurisdiction over the territory where the actionable neglect or omission occurred or with the Court of Appeals or the Supreme Court. 3. together with a copy of the petition and any annexes thereto..ENVIRONMENTAL LAW AND PROCEDURAL RULES 3. and adequate remedy in the ordinary course of law. 181 Id. Sec. Sec. K-50 .180 6. Comment If the petition is sufficient in form and substance... Issuance of the Writ.177 The petition may be filed by one who is personally aggrieved by the unlawful omission. and to pay damages sustained by the petitioner by reason of the malicious neglect to perform the duties of the respondent. The petition should specify that it concerns an environmental law. speedy.. rule or regulation or a right therein.179 5. trust or station in connection with the enforcement or violation of an environmental law. Sec. Service. rules or regulations. 179 Id. under the law. Such order shall be served on the respondents in such manner as the court may direct.178 4. Sec. and that judgment be rendered commanding the respondent to do an act or series of acts until the judgment is fully satisfied. 2. Exemption from Docket Fees The petitioner for a writ of continuing mandamus shall be exempt from the payment of docket fees. Rule 8. the court shall issue the writ and require the respondent to comment on the petition within ten (10) days from receipt of a copy thereof.181 177 178 Id. rule or regulation. 4. or unlawfully excludes another from the use or enjoyment of such right and there is no other plain. Who may File A petition for the writ may be filed when any agency or instrumentality of the government or officer thereof unlawfully neglects the performance of an act which the law specifically enjoins as a duty resulting from an office. 1. 180 Id. Id.

Summary Hearing or Submission of Memoranda After the comment is filed or the time for the filing thereof has expired. 184 Id. The court shall require the respondent to submit periodic reports detailing the progress and execution of the judgment. satisfaction of judgment shall be entered in the court docket.182 8.185 182 183 Id. Issuance of Temporary Environment Protection Order (TEPO) The court in which the petition is filed may issue such orders to expedite the proceedings. Upon full satisfaction of the judgment.. the court may hear the case summarily or require the parties to submit memoranda. 7. 8. by itself or through a commissioner or the appropriate government agency. Judgment on the Writ If warranted. Sec. K-51 . evaluate and monitor compliance.. and the court may.184 10. If the court finds that the judgment has been fully implemented. a final return of the writ shall be made to the court by the respondent.. 5. and it may also grant a TEPO for the preservation of the rights of the parties pending such proceedings. the court shall grant the privilege of the writ requiring respondent to perform an act or series of acts until the judgment is fully satisfied and to grant such other reliefs as may be warranted resulting from the wrongful or illegal acts of the respondent.. Sec.183 9. Return of the Writ The periodic reports submitted by the respondent detailing compliance with the judgment shall be contained in partial returns of the writ. 185 Id. Sec. The petition shall be resolved without delay within sixty (60) days from the date of the submission of the petition for resolution. Id.ENVIRONMENTAL LAW AND PROCEDURAL RULES 7. Sec. 6.

honey. the permanent forest or forest reserves. or the Revised Forestry Code. in view of the suitability of its topography and vegetation. and flowering plant. 5: Jurisdiction over national parks. No. reverse or set aside acts of his subordinate officials.R. the Director of the FMB is subject to the control of the Secretary of the DENR who may impose reasonable regulations in the exercise of the powers of the subordinate officer. G.192 The power of control of the Secretary of the DENR over the FMB includes the power to modify.191 As a subordinate officer. FORESTRY A. including watershed reservations188. Jurisdiction of the DENR Under Pres. rattan. beeswax. gum. historical. scenic. marine parks. such as grass. supra note 56. Sec. Benedicto. management. Title XIV. has jurisdiction over all forest lands186. nipa. bark.. regeneration. 705 [1975].190 1. the regulation and supervision of the operation of licensees. 3: Forest lands include the public forest. development. Decree No. and the enforcement of forestry laws. Director of Forestry.: Grazing land refers to that portion of the public domain which has been set aside. recreational and geologic resources in forest lands. Sec. May 5. oil.. 1981. Forest reservations refer to forest lands which have been reserved by the President of the Philippines for any specific purpose or purposes. 7586 or the National Integrated Protected Areas System Act of 1992. and reforestation of forest lands. 3: Watershed reservation is a forest land reservation established to protect or improve the conditions of the water yield thereof or reduce sedimentation. rules and regulations. Decree No. 29956. 189 Id. 188 Id.. shrub. 193 Tan v. Sec. 292 or the Revised Administrative Code of 1987 and Republic Act No. or other forest growth. K-52 . and forest reservations. Permanent forest or forest reserves refer to those lands of the public domain which have been the subject of the present system of classification and determined to be needed for forest purposes. 277. FMB under Direct Control and Supervision of DENR Secretary The FMB is directly under the control and supervision of the Secretary of the DENR. resin. Watershed is a land area drained by a stream or fixed body of water and its tributaries having a common outlet for surface run-off. Sec. 104 SCRA 305. as amended by Exec. Order No. Public forest is the mass of lands of the public domain which has not been the subject of the present system of classification for the determination of which lands are needed for forest purposes and which are not. for the raising of livestock. now the Forest Management Bureau (FMB) under the Department of Environment and Natural Resources (DENR). firewood. Section 19 of Executive Order No. game refuges and wildlife has been largely transferred to the Protected Areas and Wildlife Bureau of the DENR. pursuant to Book IV. 7. lessees and permitees for the taking or use of forest products189 and the occupancy of forest lands. 190 Id. 705. the Bureau of Forestry. game. pulpwood.: Forest product means timber. grazing lands187. 187 Id.193 All actions and decisions of the Director of the 186 Pres. and forest reservations. 191 Id. This jurisdiction covers the protection. 192 Director of Forestry v.ENVIRONMENTAL LAW AND PROCEDURAL RULES IV. the associated water. fish. tree top. wood.

705. implement or enforce the provisions of this Code.. inspect and examine records. and its subsidiary or affiliated companies. is delegated by law or by competent authority to execute. Authority of DENR Officers to Administer Oaths and Take Testimony DENR officers are likewise authorized to administer oath and take acknowledgment in official matters connected with the functions of their office. except through a special civil action for certiorari or prohibition.199 194 195 Pres. books and other documents relating to the operation of any holder of a license agreement.194 2. lease. Court Review of Decisions of the DENR Secretary brought only by Special Civil Action for Certiorari or Prohibition The decision of the DENR Secretary in forestry cases is final and executory after the lapse of thirty (30) days from receipt by the aggrieved party of said decision. Sec. or permit. Paat v. unless appealed to the Office of the President. 3: Forest officer means any official or employee of the Bureau who. license.195 3. Id. 45.198 4.. Sec. have free entry into areas covered by a license agreement. K-53 . The decision of the Secretary may not be reviewed by the courts. and to take testimony in official investigations conducted under the authority of the Revised Forestry Code and its implementing rules and regulations. license. Court of Appeals.196 Forest officers197. 8. lease or permit. Authority of DENR Officers to Examine Books and to Access Areas Covered by Licenses and Permits The Secretary of the DENR.ENVIRONMENTAL LAW AND PROCEDURAL RULES FMB are subject to the review of the Secretary of the DENR. 199 Id. Decree No. Decree No. as well as their implementing regulations. either motu proprio or upon appeal of any person aggrieved thereby. or other government officials or employees duly authorized by the Secretary of the DENR or Director of the FMB. may investigate. by himself or thru the FMB Director or any qualified person duly designated by him. supra note 51. by the nature of his appointment or the function of the position to which he is appointed. 198 Id. 705. Sec. 197 Id. 196 Pres. 44. other related laws. Sec.

203 Pres. Decree No. 89. Individuals deputized by the proper government agency who are enforcing environmental laws shall enjoy the presumption of regularity under Section 3(m). gathering. 77. Decree No. 1. or timber from alienable or disposable public or private land. transported.202 B. the act most regularly committed being the cutting.201 A peace officer or an individual deputized by the proper government agency may effect a warrantless arrest.200 Under Department Administrative Order (DAO) No. 2008. even without warrant. possessed or utilized forest products. Rule 131 of the Rules of Court when effecting arrests for violations of environmental laws. protected areas and other lands of the public domain under the jurisdiction of the DENR. any person who has committed or is committing any of the offenses provided in environmental and natural resources laws. mineral lands. forest lands. 705. 2008-22. or any qualified person to protect the forest and exercise said powers or authority.ENVIRONMENTAL LAW AND PROCEDURAL RULES 5. seizure orders and notices of administrative hearings including the proceedings necessary for the conduct of the administrative adjudication of illegally procured. the DENR deputizes environment and natural resources officers. Authority to Deputize Officials or Other Qualified Persons to Assist in Protection of Environment The Secretary of the DENR may deputize any agency. rules and regulations. Sec. Illegal Logging Pres. 705 penalizes several acts as criminal offenses.. K-54 . Sec. 202 Rules of Procedure for Environmental Cases. assist in the issuance of apprehension receipts. collecting and removing of timber or other forest products from any forest land. Sec. minerals and other natural resources. Criminal Offenses 1. rules and regulations governing environment. DENR DEPARTMENT ADMINISTRATIVE ORDER 2008-22. or the possession of timber or other forest products without legal documents as required under existing forest laws and regulations. Rule 11.203 200 201 Id. barangay or barrio official. September 30. and arrest. or individuals or groups who are authorized to assist in the enforcement of laws. without any authority. wildlife (flora and fauna).

Sec. rules and regulations. collect or remit forest charges.R. Id. the penalty after judgment includes the confiscation and forfeiture in favor of the government of the fruits of. 2) The cutting. No. failure to pay. or removing of timber from alienable or disposable public land. 206 Merida v. gathered. Judicial and Administrative Confiscation and Forfeiture In most of these criminal offenses. removed.204 3. Gathering and Possession 1. 705 or other forest laws. unlawful possession of implements and devices used by forest officers. and failure to adhere to grading rules in the sale of wood products. Illegal Cutting. and 3) The possession of timber or other forest products without the legal documents as required under existing forest laws and regulations. 2008. coercion and influence of public officer or employee. G. illegal occupation of national parks and recreation areas and vandalism therein. or possessed or abandoned. Other Offenses Other criminal offenses include the unlawful occupation or destruction of forest and grazing lands. 158182. pasturing livestock in forest..206 204 205 Id. gathering.ENVIRONMENTAL LAW AND PROCEDURAL RULES 2. 554 SCRA 366. Decree No. before judgment. collecting. and the tools and implements used in the commission of the crime. K-55 . in all cases of violations of Pres. issuance of tax declaration on real property without the proper DENR certification. destruction of wildlife resources. and all conveyances used in the commission of the offense for purposes of administrative proceedings for confiscation or judicial prosecution. 78-88. 77-A. People. or from private land without any authority. Three Categories of Acts Punished Section 77 penalizes three categories of acts: 1) The cutting. grazing and alienable and disposable lands without permit. misclassification and survey by government official and employee. However. Secs. gathering.205 C. the Secretary of the DENR may. collecting.. June 12. survey by unauthorized persons. order the apprehension and seizure of any forest products illegally cut. or removing of timber or other forest products from any forest land without any authority.

G. February 13.207 2. 1996. CFI of Quezon. and 3) That the cutting. supra note 207. 705. People of the Philippines. 265 SCRA 721. collecting and removal of the forest products is legal or not because what the law penalizes is the illegal possession. No.R. G. G. gathering.208 In the first offense. 46772. Tigoy v. G. Order No. No. K-56 . Court of Appeals. 1992. of timber or forest products. In the second offense. it is immaterial whether the cutting.R. 548 SCRA 542. December 17. Decree No. gathered. collected or removed timber or other forest products. whether legally acquired or not. No.210 207 208 People v. 492 SCRA 539. collected or removed belongs to the government or to any private individual. 210 People of the Philippines v. Monge v. Elements of the Crime of Illegal Cutting. namely: 1) Cutting. 170308. or from private land without any authority. which amends Pres. 77 are: 1) That the accused cut.209 3. 705 to penalize mere possession of timber and other forest products without legal documents. collecting or removing timber or other forest products by presenting the authorization issued by the DENR. therefore. Decree No. one can raise as a defense the legality of the acts of cutting. People v. gathering. Collecting and Removing The elements of the first two categories of crimes under Sec.R. or permit granted by the state. Gathering. 2008. collecting and removing of timber or other forest products from any forest land. March 7. collecting or removing was without authority under a license agreement. supra note 207. or possession without legal documents. and not those existing at the time of the enactment of Exec. gathered. or timber from alienable or disposable public land. gathering.R. 144640. 120365. Que.ENVIRONMENTAL LAW AND PROCEDURAL RULES The phrase “existing forest laws and regulations” in the third category is interpreted to mean as those existing at the time of the commission of the offense. license. lease. Que. 277. 206 SCRA 187. gathering. June 26. criminalizes two distinct and separate offenses. 209 People of the Philippines v. Two Distinct and Separate Offenses Punished Section 77 of Pres. No. and 2) Possession of timber or other forest products without the legal documents required under existing laws and regulations. 2) That the timber or other forest products cut. Que. 2006.

ENVIRONMENTAL LAW AND PROCEDURAL RULES 4. 309 and 310 of the Revised Penal Code (RPC). As Compared to Qualified Theft The cutting. supra note 212. Madrona. Ownership not an Essential Element Ownership is not an essential element of the offense as defined in Sec.216 211 212 Id.R. G. et al. but without the necessary permit from the DENR and without transporting the same outside said property can still be criminally charged for violating Pres. Jr. G. 571 SCRA 610. What is material in determining culpability is whether or not the person or entity so charged has acquired the required permit. removing or possessing forest products without authority constitute distinct offenses that are now independent of the crime of theft under Arts. supra note 51. 184098. Decree No.R. 213 Paat v. but the penalty for qualified theft is imposed. September 4. 2004. 2008. gathers or collects timber or other forest products. People. v. Madrona. 214 Bon v. The failure of the information to allege the true owner of the timber or forest products is not material. 152989. January 13. 216 Roldan v. gathering. G.214 The law treats cutting. collecting. Decree No. People. K-57 .213 The acts of cutting. collecting and possessing timber or other forest products without license as an offense as grave as and equivalent to the felony of qualified theft. Roldan. The law does not distinguish whether or not the person who commits the illegal acts is the owner of the property. but the penalty to be imposed is that which is provided under these articles. gathering. license or authorization from the DENR at the time he or it cuts. a person who cuts trees within his own property for his own use. No. 419 SCRA 101. 77 of Pres. Decree No.211 At the same time. 705. It is sufficient that it alleges that the taking was without any authority or license from the government. 2002. November 25. 705 a penalty equal to that imposable on those guilty of qualified theft is a question beyond the power of courts to resolve. No. collecting. and possession of timber or other forest products without the necessary permit is no longer punished as qualified theft. removing. 152160. Whether or not the legislature was correct in imposing on violators of Pres.R.. 705. gathering. Court of Appeals.212 5. 215 Taopa v. No.215 The fact that the crime is punished with the same penalty as that of qualified theft does not mean that said penalties cannot be imposed if the accused is the owner of the timber and the land from which they were cut or gathered.

ENVIRONMENTAL LAW AND PROCEDURAL RULES

6. Illegal Possession of Forest Products Mere possession of forest products without the proper documents consummates the crime of illegal possession of forest products. Whether or not the timber or forest product comes from a legal source is immaterial because Pres. Decree No. 705, as amended by Exec. Order No. 277, considers mere possession without the proper legal documents as malum prohibitum.217 The motive or intention underlying the act is immaterial since mere possession of the confiscated pieces of timber without legal documents, as required under existing forest laws and regulations, gives rise to criminal liability.218 7. Documents Required in Possession of Timber and Forest Products DENR Administrative Order (DAO) No. 59, series of 1993 specifies the documents required for the transport of timber and other forest products. Section 3 thereof requires that the transport of logs, lumber, plywood, veneer, non-timber forest products and wood-based or nonwood-based products / commodities are accompanied by a certificate of origin duly issued by the DENR-Community Environment and Natural Resources Officer (CENRO) or other authorized DENR officials.219 8. Mere Verbal Authority Cannot Legalize Possession Mere verbal permission from the DENR CENRO authorized to issue the legal documents is not sufficient to legalize possession. Neither is a DENR regulation (DAO 79-90) which prescribes that no permit is necessary in the cutting of planted trees in titled lands, except for premium species, sufficient justification for the absence of legal documents, since the same regulation requires a certification from the CENRO concerned to the effect that the timber came from a titled land or tax declared alienable and disposable land, and which certification must accompany the shipment or transport.220 9. Acts Constituting Possession Where the truck carrying the seized illegally-cut lumber was loaded in front of the house of the accused and said accused accompanied the truck up to where the truck and lumber were seized, said facts prove the accused’s exercise of dominion and control over the lumber loaded in the
217 218

Id. People of the Philippines v. Dator, G.R. No. 136142, October 24, 2000, 344 SCRA 222. 219 Monge v. People Philippines, supra note 208, People of the Philippines v. Que, supra note 207. 220 People of the Philippines v. Dator, supra note 218. K-58

ENVIRONMENTAL LAW AND PROCEDURAL RULES

truck. The acts constitute possession of timber or other forest products without the required legal documents. Moreover, where the accused ran away at the mere sight of the police is likewise largely indicative of guilt.221 10. Acts Punished under Pres. Decree No. 705 are Mala Prohibita Pres. Decree No. 705 is a special penal statute that punishes acts essentially mala prohibita. In prosecutions under its provisions, claims of good faith are not reliable as defenses because the offense is complete and criminal liability attaches once the prohibited acts are committed.222 In offenses considered as mala prohibita, or when the doing of an act is prohibited by a special law, the commission of the prohibited act is the crime itself. It is sufficient that the offender has the intent to perpetrate the act prohibited by the special law, and that it is done knowingly and consciously.223 11. “Timber” Defined Pres. Decree No. 705 does not define "timber". It only defines "forest product". However, “timber” should be taken in its common acceptation as referring to "wood used for or suitable for building or for carpentry or joinery." Tree saplings or tiny tree stems that are too small for use as posts, panelling, beams, tables, or chairs cannot be considered timber.224 At the same time, the term “timber” includes “lumber” so as to make the possession of lumber without legal documents punishable under the third category of crimes penalized under Sec. 77.225 Lumber is a processed log or timber. Insofar as possession of timber without the required legal documents is concerned, Sec. 77 of Pres. Decree No. 705, as amended, makes no distinction between raw or processed timber.226 At any rate, separate certificates of origin for timber and lumber are still required, in the same way that different certificates are needed for different non-timber forest products. The contention that the term "timber" includes lumber and, therefore, the certificates of timber origin and their attachments should have been considered in establishing the legality of the possession of the lumber is a misapplication of the doctrine laid down in jurisprudence that the term “timber” includes lumber.227
221 222

Taopa v. Philippines, supra note 215. Monge v. People of the Philippines, supra note 208. 223 Tigoy v. Court of Appeals, supra note 208; Tan v. People of the Philippines, 352 Phil. 724 (1998). 224 Merida v. People of the Philippines, supra note 206. 225 Tan v. People of the Philippines, supra note 223; Lalican v. Vergara, G.R. No. 108619, July 31, 1997, 276 SCRA 518; Mustang Lumber v. Court of Appeals, G.R. No. 104998, June 18, 1996, 257 SCRA 430; Merida v. People of the Philippines, supra note 206. 226 Tan v. People of the Philippines, supra note 223. 227 Pallada v. People of the Philippines, G.R. No. 131270, March 17, 2000, 328 SCRA 494. K-59

ENVIRONMENTAL LAW AND PROCEDURAL RULES

D. Search and Seizure 1. Warrantless Search of Timber in Moving Vehicles Apprehension and seizure of transported timber and forest products are valid warrantless searches as they fall under the exception of a warrantless search of a moving vehicle, so long as there is probable cause. Probable cause is defined as the existence of such facts and circumstances which would lead a reasonable, discreet, and prudent man to believe that an offense has been committed and that the objects sought in connection with the offense are in the place to be searched. It must only be based on reasonable ground of suspicion or belief that a crime has been committed or is about to be committed. This includes instances of vehicles speeding away after being flagged down by forest officers or failure to present the proper documents required for the transport of timber and forest products at DENR checkpoints.228 2. Accountability of Seizure Officer Although the usual duties of a barangay captain do not ordinarily include the receipt of confiscated forest products on behalf of the Government, by virtue of Sec. 77 of Pres. Decree No. 705, he may be called on to take custody thereof as the need arises. By affixing his signature in the seizure receipt which clearly enumerates his obligations as a custodian therein, a barangay captain undertakes to safeguard the lumber on behalf of the Government and effectively becomes an accountable officer therefor. Even without signing a seizure receipt, the barangay captain is accountable therefor if he was the one who originally took possession of it on behalf of the government.229 E. Administrative Confiscation Section 77-A of Pres. Decree No. 705 grants the Secretary of the DENR the power to order the confiscation of any forest products illegally cut, gathered, removed or possessed or abandoned, and all conveyances used either by land, water or air in the commission of the offense, and to dispose of the same in accordance with pertinent laws, regulations or policies on the matter. This power covers all cases of violations of Pres. Decree No. 705 or other forest laws, rules, and regulations. The Secretary of the DENR and his duly authorized representatives are given the authority to confiscate and forfeit any conveyances utilized in
228

Epie v. Marredo, G.R. No. 148117, March 22, 2007, 518 SCRA 641; People of the Philippines v. Que, supra note 207. 229 Arriola v. Sandiganbayan, G.R. No. 165711, June 30, 2006, 494 SCRA 344. K-60

277. 705 or other forest laws. and regulations. Decree No. Duty of the Court The release of vehicles or conveyances by the court for reasons that the owner was acquitted or that the owner is not among the accused does not render nugatory the administrative authority of the DENR Secretary to undertake other remedies. supra note 232. 242 SCRA 332. Administrative Confiscation as Remedy in Case of Release of Conveyance by the Court. March 14. Omipon. Decree No. which is an additional penalty imposed in the event of conviction. Id. 235 Id. K-61 .233 2. the commission of the crime. supra note 52. regulations or policies on the matter”. was enacted to supplant the inadequacies that characterize enforcement of forestry laws through criminal actions. The only limitation is that it should be made "in accordance with pertinent laws. 77-A of Pres." administrative confiscation under Sec. MTJ-93-874. rules. Administrative Confiscation Distinct from Judicial Confiscation The power of administrative confiscation under Sec. Court of Appeals. 705 is different and distinct from the judicial confiscation of the fruits of. The phrase "to dispose of the same" is broad enough to cover the act of forfeiting conveyances in favor of the government. Order No. 77-A of Pres. The court has no mandatory duty to do so. not on the court. supra note 51.231 1. and the tools and implements used in.232 This power of the Secretary of the DENR is an administrative remedy totally separate and distinct from criminal proceedings. The duty to turn over vehicles and conveyances to the nearest DENR field office rests on the officials apprehending the same.M. Factoran v.234 However. Court of Appeals. Omipon. 232 Momongan v. 234 Momongan v. the court releasing the vehicles and conveyances has no obligation to turn over the same to the DENR for purposes of administrative confiscation proceedings. as amended by Exec. No. 77-A of Pres. The released conveyances and vehicles can be seized again either by filing a motion for reinvestigation and motion to include the owner as co-accused in the criminal proceedings or by undertaking administrative confiscation proceedings under DAO 97-32 implementing Sec. A. 705. Decree No. 233 Paat v. Administrative confiscation proceedings under DENR administrative orders are different from the confiscation under the Revised Penal Code or the Forestry Code.ENVIRONMENTAL LAW AND PROCEDURAL RULES violating Pres. Court of Appeals.235 230 231 Paat v.230 Because of the need to make forestry laws "more responsive to present situations and realities" and in view of the "urgency to conserve the remaining resources of the country. 705. 1995. supra note 51. Decree No.

Arrest Procedure in Administrative Confiscation Under DAO 97-32. due process in administrative confiscation proceedings is served when the offenders are given the opportunity to explain or move for a reconsideration of the decision of the Secretary or Regional Director of the DENR. effect the arrest and detention of any person(s) apprehended by virtue of administrative seizure and confiscation proceedings. K-62 . should evidence in any administrative seizure and confiscation proceeding warrant. Sec. Court of Appeals. the Hearing Officer shall initiate the filing of a criminal complaint before the City or Provincial Prosecutor or the before the Municipal Trial Court of appropriate jurisdiction for preliminary investigation and prosecution in accordance with law. failure to observe procedural rules is justifiable under certain circumstances. Due Process Requirements in Administrative Confiscation In administrative confiscation. supra note 75.241 In all matters pertaining to arrests and prosecution of any person(s) effected pursuant 236 237 Calub v. supra note 52. Sec. as when it would be absurd to require a confiscation order or notice and hearing before seizure could be effected. 240 DAO 97-32. Sec. Decree No. Decree No. as amended. Court of Appeals. and deliver such person(s) to the proper authorities in accordance with the provisions of Pres. 10 (2).ENVIRONMENTAL LAW AND PROCEDURAL RULES 3.238 On the other hand.239 5. Court of Appeals. Requirement to Deliver the Accused to the Public Prosecutor not Applicable in Administrative Confiscation The requirement under Sec. 239 DEPARTMENT ADMINISTRATIVE ORDER (DAO) No. 705. Factoran v. the DENR hearing officer shall initiate the filing of a criminal complaint before the City or Provincial Prosecutor or before the Municipal Trial Court for preliminary investigation and prosecution.237 4. the Apprehending Officer of the DENR may.2. 97-32 [year]. Paat v. whenever circumstances so warrant. 705 to deliver to the public prosecutor the offender and the confiscated items within six hours of apprehension does not apply in administrative confiscation proceedings. The same only applies when an arrest is made and there is a need to immediately file the information in court for criminal proceedings. 10.240 Should the evidence in any administrative case arising by virtue of DAO 97-32 so warrant.236 At the same time. 238 Id. 10 (1). supra note 51. 241 Id.. 89 of Pres.

in addition to the foregoing. Sec.245 2. Government agencies to which cases may be indorsed include. the offender and the confiscated forest products. in favor of the Government.for violation of trade and industry laws. tools and equipment and files the proper complaint with the appropriate official designated by law to conduct preliminary investigation and file the information in court. Id. 244 Id.. 10 (5). K-63 . Decree No.242 In initiating and prosecuting criminal charges. Arrest by DENR Official or Philippine National Police A forest officer or employee of the DENR or any personnel of the Philippine National Police may arrest. file for: (a) actual damages in an amount equivalent to the value of the illegal forest products confiscated by virtue hereof. but are not limited to the: (a) Bureau of Internal Revenue . together with written Formal Indorsements to other government agencies for investigation and prosecution in accordance with law. as well as (b) moral and exemplary damages for prejudice to the environment. in an amount equivalent to ten times (10X) the value of the forest products confiscated. 246 Id. any person who has committed or is committing in his presence any of the offenses punished under the Revised Forestry Code. duly certified by him as faithful reproductions of the original documents thereof. the DENR Hearing Officer in administrative confiscation proceedings shall. 10 (3).for failure to pay forestry charges and taxes.243 Should the evidence so warrant. 10 (4). 245 Pres. gathered or taken by the offender in the process of committing the offense.. Sec. even without warrant.ENVIRONMENTAL LAW AND PROCEDURAL RULES thereto.246 The delivery of 242 243 Id. DENR personnel shall coordinate with the Department of Justice Task Force on Environment and Natural Resources (DOJ-STF-ENR). the DENR Officer shall. and (c) the Securities and Exchange Commission. in addition to the indictment.. 89. and the forest products cut. within six (6) hours from the time of arrest and seizure. Sec. Sec. The forest officer may also seize and confiscate. (b) Department of Trade and Industry .244 F. Sec. promptly send a complete set of the records of the case. Delivery of Arrested Person and Seized Paraphernalia The arresting forest officer or DENR employee then delivers. 705. 89. the tools and equipment used in committing the offense. Arrest and Prosecution 1..

for violations of forest laws not committed in their presence. far from the authorities designated by law to conduct preliminary investigations. 250 Id. are investigated by forest officers assigned in the area or any personnel of the Philippine National Police where the offense was allegedly committed. the delivery to. 77. supra note 210. 705."251 247 248 Factoran v.248 3. or any personnel of the Philippine National Police or any of DENR deputized officers or officials.250 The phrase "reports and complaints" refers to "reports and complaints as might be brought to the forest officer assigned to the area by other forest officers or employees of the Bureau of Forest Development (now the FMB) or any of the deputized officers or officials. supra note 52. Investigation by Forest Officers and the Philippine National Police Reports and complaints regarding the commission of any offense not committed in the presence of a forest officer or DENR employee. Sec.ENVIRONMENTAL LAW AND PROCEDURAL RULES the seized forest products.247 If the arrest and seizure are made in the forest. 251 People v. K-64 . tools and equipment within six (6) hours required under this legal provision applies only to criminal prosecutions provided for in Sec. The seized products. Filing of Complaint by Forest Officer and the Philippine National Police If there is a prima facie evidence supporting the complaint or report. Decree No. 249 Id. and not to administrative confiscations provided for in Sec. the investigating forest officer or personnel of the Philippine National Police files the necessary complaint with the appropriate official authorized by law to conduct a preliminary investigation and file the information in Court. Pres. CFI of Quezon. and filing of the complaint with the latter must be done within a reasonable time. 77-A. Court of Appeals. 89. and who receives the evidence supporting the report or complaint. materials and equipment are also immediately disposed of in accordance with DENR administrative orders.249 4.

the offender and the confiscated forest products.253 252 Pres. any of the offenses described in the Forestry Code. not committed in the presence of any forest officer or employee. the appropriate official designated by law to conduct preliminary investigations and file informations in court. in favor of the Government. or any personnel of the Philippine Constabulary/Philippine National Police. and filing of the complaint with. 705. Decree No. or any qualified person to protect the forest and exercise the power or authority provided for in the preceding paragraph. The second covers a situation when an offense described in the Code is not committed in the presence of the forest officer or employee and the commission is brought to his attention by a report or a complaint.A forest officer or employee of the Bureau shall arrest even without warrant any person who has committed or is committing in his presence any of the offenses defined in this Chapter. shall immediately be investigated by the forest officer assigned in the area or any personnel of the Philippine Constabulary/Philippine National Police where the offense was allegedly committed. 253 People v. supra note 210. The arresting forest officer or employee shall thereafter deliver within six (6) hours from the time of arrest and seizure. Institution of criminal actions. In both cases. far from the authorities designated by law to conduct preliminary investigations. Reports and complaints regarding the commission of any of the offenses defined in this Chapter. Arrest. and file the proper complaint with. the forest officer or employee investigates the offender and files a complaint with the appropriate official authorized by law to conduct a preliminary investigation and file the necessary information in court. The first authorizes a forest officer or employee of the DENR to arrest without a warrant any person who has committed or is committing. Sec. who shall thereupon receive the evidence supporting the report or complaint. . barangay or barrio official. The Department Head may deputize any agency. or any of the deputized officers or officials. He shall also seize and confiscate. Decree No. K-65 . the tools and equipment used in committing the offense. If the arrest and seizure are made in the forests. The seized products. gathered or taken by the offender in the process of committing the offense. Decree No. and the forest products cut. the investigating forest officer and/or members of the Philippine Constabulary/Philippine National Police shall file the necessary complaint with the appropriate official authorized by law to conduct a preliminary investigation of criminal cases and file an information in Court. 89. CFI of Quezon. the latter shall be done within a reasonable time sufficient for ordinary travel from the place of arrest to the place of delivery.ENVIRONMENTAL LAW AND PROCEDURAL RULES 5. tools and equipment to. in his presence. the delivery to. 705 covers two (2) specific instances when a forest officer may commence a prosecution for violation of Pres. How to Commence Prosecution Section 89252 of Pres. 705. If there is prima facie evidence to support the complaint or report. materials and equipment shall be immediately disposed of in accordance with forestry administrative orders promulgated by the Department Head.

after a forest officer had made the arrest (for offenses committed in his presence) or after conducting an investigation of reports or complaints of violations of the Code (for violations not committed in his presence). noncompliance of which ousts the trial court of jurisdiction from trying such cases.ENVIRONMENTAL LAW AND PROCEDURAL RULES 6. he is still required to file the proper complaint with the appropriate official designated by law to conduct preliminary investigations in court. it should be construed as granting forest officers and employees special authority to arrest and investigate offenses described in Pres. 89 of P. Authority to Arrest and Investigate Offenses Section 89 of Pres. 705 to reinforce the exercise of such authority by those upon whom it is vested by general law.254 7. Neither did the said section grant forest officers the power to conduct preliminary investigation. 257 Merida v. 255 K-66 . supra note 206. these cases concern only defamation and other crimes against chastity and not criminal offenses punished under forestry laws. Decree No. 89 of Pres. Decree No. supra note 206.257 254 Id. Decree No. not by Forest Officer Section 89 does not divest public prosecutors of the general authority to conduct preliminary investigation of complaints filed under Pres. does not prohibit an interested person from filing a complaint before any officer authorized by law to conduct a preliminary investigation for violation of forestry laws. 705. Under said Section 89. 705 Grants Forest Officers Special. Decree No. People of the Philippines. 705 requiring forest officers to investigate reports and complaints of violations of forestry laws and file the necessary complaint for preliminary investigation. not Exclusive. The Revised Rules of Criminal Procedure list the cases which must be initiated by a complaint filed by specified individuals. supra note 210. does not preclude the filing of complaints by private parties directly with the public prosecutor for preliminary investigation. It should not be interpreted to vest exclusive authority upon forest officers to conduct investigations regarding offenses described in the decree. as amended. therefore. Private Offended Party may File Complaint Directly with Public Prosecutor A private complainant as an offended party is not prevented from filing the complaint himself.D. Sec. However. CFI of Quezon. Preliminary Investigation conducted by Public Prosecutor. 705 does not require that a complaint must first be investigated by a forest officer and that only the forest officer may file the case for preliminary investigation. People of the Philippines. 256 People of the Philippines v. Merida v. 255 The phrase in Sec.256 8. 705. Presidential Decree No. Rather.

2004. the prosecution must present more than a mere uncorroborated "estimate" of such fact. Judgment and Conviction 1. courts may either apply the minimum penalty under Art. K-67 .ENVIRONMENTAL LAW AND PROCEDURAL RULES G. It is admissible in evidence. supra note 218.259 3. Dator. 261 People of the Philippines v. it may form part of the circumstantial evidence necessary to convict the accused.R.260 An estimate appearing in the official transmittal letter of the DENR-CENRO addressed to the Office of the Provincial Prosecutor is insufficient. supra note 218. supra note 206. Conviction based on Circumstantial Evidence Conviction may be based on circumstantial evidence as when the accused admitted to witnesses that he committed the act of cutting the trees thus establishing an extrajudicial admission of guilt. Dator. In the absence of independent and reliable corroboration of such estimate. Dator. supra note 218. If credible. 309 or fix the value of the property taken based on the attendant circumstances of the case. The value of the lumber is not an essential element in the crime of illegal cutting and gathering or possession of forest products. Testimony of what one heard a party say is not necessarily hearsay. 309 of the Revised Penal Code. People of the Philippines. more than an estimate made by the DENR official concerned is needed. 152160. Value of Lumber not Essential Element The failure of the prosecution to adduce evidence in support of its allegation in the information with respect to the value of the confiscated pieces of lumber is not necessarily fatal to its case and does not merit a judgment of acquittal. not to show that the statement was true. People of the Philippines. People of the Philippines v. supra note 218. supra 206. but that it was in fact made. 262 Merida v. People of the Philippines. 260 Merida v. People of the Philippines v. 419 SCRA 101. People of the Philippines v. No.261 To prove the amount of the property taken for fixing the penalty imposable against the accused under Art. January 13. Determination of Penalty In establishing the value of the timber and forest products illegally acquired or possessed for purposes of determining the appropriate penalty for the accused.258 2. Dator.262 258 259 Bon v. G.

45. Sec. Omipon. 3) Tampering of engine serial number. Art. “Chain Saw Act of 2002”. transferring. there is no justification for a court to order forfeiture of a conveyance or vehicle used in violation of forestry laws if the owner thereof is not found guilty of such violation or was not even included as an accused in the criminal case in the first place. Rep.. which shall issue the corresponding registration certificate or permit. 265 Id. Judicial Confiscation of the Conveyance Allowed if Owner is Found Guilty According to the Revised Penal Code.264 All persons who own or are otherwise in possession of chain saws must register the same with the DENR. rendered operative by an electric or internal combustion engine or similar means. 7 (1) and (4). that may be used for. 2) Unlawful importation or manufacturing of chain saw without authorization from the DENR. purchasing. Sec. through any of its Community Environment and Natural Resources Office (CENRO). 9175.. but is not limited to. Act No. 267 Id.265 The law punishes the acts of: 1) Selling.263 H. distributing or possessing a chain saw without a proper permit from the DENR. K-68 . 3 (a). first paragraph: "[E]very penalty imposed for the commission of a felony shall carry with it the forfeiture of the proceeds of the crime and the instrument or tools with which it was committed. 266 Id. 6. the penalty includes confiscation of the chain saw.267 263 264 Momongan v. this cannot be done if such proceeds and instruments or tools "be the property of a third person not liable for the offense.ENVIRONMENTAL LAW AND PROCEDURAL RULES 4. re-selling.. supra note 232. Sec." In such a case. and 4) Actual unlawful use of chain saw.266 For acts committed under Section 7 (1) and (4) of the Chain Saw Act. 7. Sec. the felling of trees or the cutting of timber." However. Chain Saw Act "Chain saw" refers to any portable power saw or similar cutting implement.

Decree No. Id.271 268 269 Id. Decree No.270 Chain saws. distributed. that are used in the illegal cutting. 270 Id. disposed or possessed. The arresting DENR officer shall deliver the offender and chain saw to the official authorized to conduct the preliminary investigation within thirty-six (36) hours and file the proper complaint. 705 and those which are displayed in open view. removing or possessing of timber or forest products. as penalized under Sec. the Chain Saw Act is implemented by the Palawan Council for Sustainable Development.269 Chain saws possessed and actually used to illegally cut trees and timber in forest land or elsewhere.ENVIRONMENTAL LAW AND PROCEDURAL RULES In the Province of Palawan.. 77 of Pres.268 Chain saws which are not registered are considered unlawfully sold. may also be subjected to administrative confiscation under Sec. shall likewise be subject to judicial confiscation and the user or possessor shall be arrested and the chain saw seized. as penalized under Sec. Decree No. whether properly registered or not. The CENRO. collecting. including the registration and issuance of permits for chain saws. 705. 705. purchased. gathering. K-69 . 9. Sec. 77 of Pres. 271 Id. transferred. 77-A of Pres. shall file the necessary complaint for the conduct of preliminary investigation and filing of the information in court. office where such chain saws are supposed to be registered.

but also marine waters included between two (2) lines drawn perpendicular to the general coastline from points where the boundary lines of the municipality touch the sea at low tide and a third line parallel with the general coastline. the third line shall be equally distant from opposite shore of the respective municipalities. 3. ponds. 273 Id. Act No.ENVIRONMENTAL LAW AND PROCEDURAL RULES V. all aquatic and fishery resources whether inland. Sec. Sec. fish pens/cages. Act No. municipalities. Municipal Waters Defined 1. or businesses and activities relating to fishery. such as lakes. coastal or offshore fishing areas. lakes. whether private or public lands. brooks. 4.. 4 (64): Philippine waters include all bodies of water within the Philippine territory. forest reserves or fishery reserves.. covers all Philippine waters272 including other waters over which the Philippines has sovereignty and jurisdiction. the territorial sea.273 The use and exploitation of the fishery and aquatic resources in Philippine waters is reserved exclusively to Filipinos.275 272 Rep.274 B. between and connecting the islands of the archipelago regardless of their breadth and dimensions. Sec. 8550. Under the Philippine Fisheries Code Of 1998 Municipal waters include not only streams. FISHERIES A. and all other waters over which the Philippines has sovereignty and jurisdiction. 275 Id. rivers. K-70 . Act No. 8550. or the Philippine Fisheries Code of 1998. 274 Id. creeks. gulfs. public forest. including the 200-nautical miles Exclusive Economic Zone and the continental shelf. and barangays and the waters around. 5. the sea beds.. and all lands devoted to aquaculture. lagoons. including but not limited to fishponds. cities. 7586 (The NIPAS Law). streams. bays and seas and other bodies of water now existing or which may hereafter exist in the provinces. timber lands. swamps. and the country's 200-nautical mile Exclusive Economic Zone (EEZ) and continental shelf. inland bodies of water and tidal waters within the municipality which are not included within the protected areas as defined under Rep. Sec. Where two (2) municipalities are so situated on opposite shores that there is less than thirty (30) kilometers of marine waters between them. the insular shelves. including offshore islands and fifteen (15) kilometers from such coastline. Coverage Rep.

Sec. Sec. protection. 7160. saw fit to grant the usufruct of said municipal waters for fishery purposes. public forest. forest reserves or fishery reserves. or the Local Government Code. more or less temporary. conservation. They enforce all fishery laws.ENVIRONMENTAL LAW AND PROCEDURAL RULES 2. may. the third line shall be equally distant from opposite shores of their respective municipalities. development. Act No. Sec. Nature of Authority Municipal waters are ordinarily for public use. not being the subject of private ownership and not comprised within the national parks. over fishery resources of the State made by its National Legislature. 131 (r).276 C. It is a grant of usufruct. through the Local Government and Fisheries Code. timber lands. Act No. rules and regulations. repeal or modify said Local Government or Fisheries Code and revoke this grant to coastal towns and cities and open these marine waters to the public. Act No. Or it may 276 277 Rep. The ordinances enacted by the municipality and component city are reviewed by the sanggunian of the province which has jurisdiction over the same pursuant to Rep. Congress. as well as valid fishery ordinances that they enact. The power of the municipalities and cities to grant fishery privileges is not based on or derived from the inherent right of the municipality or city. They may enact appropriate fishery ordinances in accordance with the Philippine Fisheries Code and other fishery policies. open to navigation and fishing by the people. Said towns and cities have no vested rights over said marine waters. and tidal waters within the municipality. Municipal and City Governments Municipal and city governments have authority over municipal waters. Act No. Rep. 149. Where two (2) municipalities are so situated on the opposite shores that there is less than fifteen (15) kilometers of marine waters between them. K-71 . lakes. Under the Local Government Code "Municipal Waters" includes not only streams. Rep. Congress. but also marine waters included between two lines drawn perpendicularly to the general coastline from points where the boundary lines of the municipality or city touch the sea at low tide and a third line parallel with the general coastline and fifteen (15) kilometers from it. 7160. and disposition of all fish and fishery/aquatic resources within their respective municipal waters. 16. for reasons it may deem valid or as a matter of public policy. Authority over Municipal Waters 1. They are responsible for the management. 8550. 7160.277 2. to the towns and cities bordering said waters. at any time. utilization.

traps or other fishing gears to marginal fishermen free of any rental.281 They also issue licenses for the operation of fishing vessels of three (3) tons or less..282 5. 149 (a). 86 Phil. 199 (1914). a municipality merely exercises a grant of fishery privileges by regulating the same.283 278 279 Municipality of Paoay v. fee. and by prescribing the form of the fishing weirs or devices which might be constructed in the respective seasons. As such. 149 (b) (3). Act No.. Garing. 281 Id. oysters. Municipal Fishing Municipal fishing is fishing within municipal waters using fishing vessels of three (3) gross tons or less. Sec.ENVIRONMENTAL LAW AND PROCEDURAL RULES grant the usufruct or right of fishery to the provinces concerned so that said provinces may operate or administer them by leasing them to private parties. K-72 . 283 US v.280 They grant fishery privileges to erect fish corrals. Municipalities and cities do not hold this usufruct or right of fishery in a permanent or absolute manner so as to enable them to dispose of it or to allow it to be taken away as their property through execution.278 3. 149 (b) (1) and (2). 280 Rep. Regulation of Fishery Activities Incidental to Power to Grant Fishery Privileges By designating the seasons of the year when fishing rights might be exercised and the manner of so doing. the right or usufruct of towns and cities over municipal waters is not subject to execution in a case to enforce a judgment against the town.279 4. fees or charges. and to gather. within a definite zone of the municipal waters. 28 Phil. Act No. or fishing not requiring the use of fishing vessels. and does not in any way result to an unconstitutional prohibition. charge or any other imposition. 629 (1950). prawn fry or kawag-kawag or fry of other species and fish from the municipal waters by nets. Grant of Fishery Privileges Municipalities and cities have the exclusive authority to grant fishery privileges in their municipal waters and impose rentals. mussels or other aquatic beds or bangus fry areas. Manaois. take or catch bangus fry. Sec. 4 (57). that no detriment should thereby result to the development of the fishing industry and occasion a decrease in the number of fish in municipal waters. Sec. Rep. 8550. 282 Id. Sec.

The public purpose and reasonableness of the ordinance cannot be controverted. from the modern phenomenon of live-fish trade which entails the catching of socalled exotic tropical species of fish by squirting sodium cyanide poison at passing fish directly or onto coral crevices. Municipality or City Not Liable for Acts of Licensee/Grantee The mere grant of a fishery privilege or license. may classify and graduate the license fees for fishing privileges.285 8. in part. under this general grant of power.ENVIRONMENTAL LAW AND PROCEDURAL RULES 6. Socrates. The prohibition against catching live fish stems. The municipality or city. 7 Phil. regardless of the apparatus used or the benefits derived from such a privilege. G. on the other. Classification of Fees The authority of the municipalities or cities to impose a license for fishing privileges in Sec. 286 US v. does not make the municipality or city liable for damages caused to a third person by wrongful acts committed by the licensee or grantee. operating on all persons alike.284 7. A municipality or city has the right to classify and graduate such fees according to the value of the privilege conferred. so long as such classification is reasonable and does not contravene any constitutional right. 149 of Rep. August 21. No. 110249. Tano v. Sumulong. is obvious. The accomplishment of the first objective is well within the devolved power to enforce fishery laws in municipal waters which allows the establishment of “closed seasons. 1997. 7160 is a general power that does not specify the classification or graduation of such fees.” The realization of the second objective falls within both the general welfare clause of the Local Government Code and the express mandate thereunder to cities and provinces to protect the environment and impose appropriate penalties for acts which endanger the environment. 30 Phil. 154 (1906). Local Ordinance Unconstitutional Banning Shipment of Live Fish Not A local ordinance banning the shipment of live fish from the province to establish a “closed season” for the species of fish or aquatic animals covered therein and to protect the corals of the marine waters from further destruction due to illegal fishing activities is not unconstitutional.286 284 285 Palma v. 381 (1915). K-73 . without any other affirmative act on the part of the municipality.R. The effect of the license or grant is simply to say that so far as the licensor is concerned it will not interfere with the acts of the licensee. They are not limited to the imposition of a single license tax. Municipality of Binmaley. The nexus between the activities barred by the ordinance and the use of sodium cyanide. Act No. 278 SCRA 154.

rules and regulations. 289 Id. Law Enforcement Law enforcement officers of the LGUs and other government enforcement agencies. 1. Sec.. Id. It also prescribes fees and other fishery charges and issues the corresponding license or permit for fishing gear. 290 Id. Jurisdiction of DA-BFAR The Department of Agriculture (DA). Act No. for a specified period of time and specified area. and other fishery activities beyond municipal waters.287 D. 7586. punong barangays and officers and members of fisherfolk associations who have undergone training on law enforcement may also be designated in writing by the DA as deputy fish wardens in the enforcement of fishery laws.. are authorized to enforce fishery laws. In municipal waters and fishery management areas.288 The DA may prescribe limitations or quota on the total quantity of fish captured. catch ceilings may be established upon the concurrence and approval or recommendation of such special agency and the concerned LGU. and waters under the jurisdiction of special agencies. through the Bureau of Fisheries and Aquatic Resources (BFAR). or Rep..290 287 288 Rep. Closed seasons in municipal waters and other waters under the jurisdiction of other agencies may be declared with the concurrence of the LGU or other agency. Other competent government officials and employees. 8550. 9. 6. rules and regulations. fishing accessories.ENVIRONMENTAL LAW AND PROCEDURAL RULES 9. has jurisdiction over all other waters other than municipal waters or those falling under the jurisdiction of the Department of Environment and Natural Resources (DENR) as protected areas under the National Integrated Protected Areas System (NIPAS) Act. K-74 . Grant of Fishery Privileges The DA determines rental rates for fishpond areas covered by fishpond lease agreements and license fees for commercial fishing boat licenses.289 It may declare a closed season in any or all Philippine waters outside the boundary of municipal waters and in bays. Sec. Act No. Sec. Sec. for conservation and ecological purposes. 8. 124.

Sec. It also issues licenses for the operation of commercial fishing vessels. not in operation. Philippine Coast Guard. Authority to Board Fishing Vessels and Examine Record Books In commercial fishing.294 the owner. has the jurisdiction to enforce all laws and formulate and enforce all rules and regulations governing the conservation and management of fishery resources.295 The BFAR Director or fishery law enforcement officers also have the power to board fishing vessels. Sec. 124. therefore.296 They also have the power to take fish samples in quantity of not more than one (1) kilo. 293 Id. business and profit beyond subsistence or sports fishing. Authority to Pursue and Inspect Foreign Vessels for Poaching When a foreign fishing vessel is reported by any person to be suspected of poaching in Philippine waters. “Rules and Regulations on Commercial Fishing”. any of the persons authorized 291 292 Id. 296 Id. 295 Fisheries Administrative Order (FAO) No.297 4. Sec.ENVIRONMENTAL LAW AND PROCEDURAL RULES 2. 65. whether licensed or not. Sec. s. the Philippine Navy. issues Fishery Administrative Orders or regulations for the conservation.. except in municipal waters. 294 Id. master. 297 Id. Law Enforcement The DA.291 The DA. It has jurisdiction to settle conflicts of resource use and allocation. or by poisonous or obnoxious substances. licensee. or any person-incharge of a fishing vessel keeps record books on board the boat reflecting details of the boat’s fishing activities in the past five years. 198. and PNP-Maritime Command are authorized to enforce fishery laws. except when the boat is dry docked or undergoing repairs and. Id.. Philippine National Police (PNP). management. preservation. Sec. Sec. K-75 .292 The law enforcement officers of the DA... These record books are kept on board the fishing vessel to be presented upon demand by fishery law enforcers. and sustainable development of fishery and aquatic resources. rules and regulations. for the purpose of inspecting the fish holds or boxes containing fish or fishery/aquatic products and investigating persons found therein. 4 (10): The taking of fishery species by passive or active gear for trade. 27. 22 and 24. Sec. in consultation with the LGUs and local FARMCs.. or only one (1) fish if it weighs more than a kilo. 107. through the BFAR. 26.. 2000. for an on-the-spot or scientific examination to determine whether the same was caught by means of explosives.293 3.

Illegal Activities Rep. pumping. and scaring the target species to impoundments. 200. 200. Pebbles. or entity. drift gill net. 8550 penalizes the following acts299: 1) Unauthorized Fishing or Engaging in Other Unauthorized Fisheries Activities. K-76 . Noxious or Poisonous Substance. 5) Possessing. This does not include foreigners engaged in leisure or game fishing as may be defined by the Department pursuant to Section 86. 4 (40) (a): Fishing device characterized by gear movements. 10) Gathering. 2000 “Guidelines and Procedures in Implementing Section 87 of the Philippine Fisheries Code of 1998”. surrounding. dredging. It consists of a ballast. and/or Electricity. 9) Use of Muro-Ami303 and Other Methods and Gear Destructive to Coral Reefs and Other Marine Habitat. trawl. lifting. 8550. 300 Fishing or operating any fishing vessel in Philippine waters. 86-106. 299 Id.. noxious or poisonous substances or electrofishing devices. other physical or mechanical acts to pound the coral reefs and other habitat to entrap. but not limited to. 4 (71): Also called magic light. corporation. battery or dynamo coupled with the main engine. The source of energy comes from a generator. 2000 “Guidelines and Procedures in Implementing Sec. bag nets. Sec. Secs.. taken or gathered. Sec. selling or disposing fish illegally caught. 301 Rep.ENVIRONMENTAL LAW AND PROCEDURAL RULES to enforce fishery laws shall immediately take action to pursue and conduct an inspection of the foreign fishing vessel to determine whether it is in fact engaged in poaching. 303 Id. Selling or Exporting Sand. and/or the pursuit of the target species by towing. gather or catch fish and other fishery species. regulator. 87 of the Philippine Fisheries Code of 1998”. 7) Use of Active Gear302 in the Municipal Waters and Bays and Other Fishery Management Areas.. 92: Gear and methods that require diving. Sec. Fishery Administrative Order (FAO) No.) measured between two (2) opposite knots of a full mesh when stretched or as otherwise determined by the appropriate government agency. s. is a type of light using halogen or metal halide bulb which may be located above the sea surface or submerged in the water. 4) Possession of explosive. 3. Act No. Silica. 304 Id. and socket. Danish seines.. Act No. Sec. s. paaling. 11) Illegal Use of Superlights304 in Municipal Waters or in Violation of DA Rules. covering. 302 Id. electric cable. dealing in. 298 Fishery Administrative Order (FAO) No. 8) Coral Exploitation and Exportation. 2) Poaching in Philippine Waters300. 4 (21): Net with mesh size of less than three centimeters (3 cm. and pushing the gears. purse seines. and tuna longline.298 E. committed by any foreign person. Series of 1998.1 of DAO No. 6) Use of Fine Mesh Net301. 12) Conversion of Mangroves. 3) Fishing Through Explosives. such as.

ENVIRONMENTAL LAW AND PROCEDURAL RULES

Fishing in Overfished Area and During Closed Season305; Fishing in Fishery Reserves, Refuge and Sanctuaries; Fishing Or Taking of Rare, Threatened or Endangered Species; Capture of Sabalo306 and Other Breeders/Spawners; Exportation of Breeders, Spawners, Eggs or Fry; Importation or Exportation of Fish or Fishery Species; Violation of Catch Ceilings307; Aquatic Pollution308; Construction and Operation of Fish Corrals/Traps309, Fish Pens,310 and Fish Cages311 without a license/permit; 22) Obstruction of Defined Migration Paths; 23) Obstruction to Fishery Law Enforcement Officer. 13) 14) 15) 16) 17) 18) 19) 20) 21) No person is allowed to engage in any fishery activity in Philippine waters without a license, lease or permit, except for fishing for daily food sustenance or for leisure and not for commercial, occupation or livelihood purposes. Persons engaging in commercial fishing in municipal waters must be registered in the registry of municipal fisherfolk.312 The use of substances to eradicate predators in fishponds in accordance with accepted scientific practices is not considered fishing through noxious and poisonous substances.313
305

Id., Sec. 4 (8): The period during which the taking of specified fishery species by a specified fishing gear is prohibited in a specified area or areas in Philippine waters. 306 Id., Sec. 98: Mature milkfish. 307 Id., Sec. 4 (7): Annual catch limits allowed to be taken, gathered or harvested from any fishing area in consideration of the need to prevent overfishing and harmful depletion of breeding stocks of aquatic organisms. 308 Id., Sec. 4 (4): The introduction by human or machine, directly or indirectly, of substances or energy to the aquatic environment which result or is likely to result in such deleterious effects as to harm living and non-living aquatic resources, pose potential and/or real hazard to human health, hindrance to aquatic activities such as fishing and navigation, including dumping/disposal of waste and other marine litters, discharge of petroleum or residual products of petroleum or carbonaceous materials/substances, and other, radioactive, noxious or harmful liquid, gaseous or solid substances, from any water, land or air transport or other human-made structure. Deforestation, unsound agricultural practices, such as the use of banned chemicals and excessive use of chemicals, intensive use of artificial fish feed, and wetland conversion, which cause similar hazards and deleterious effects, shall also constitute aquatic pollution. 309 Id., Sec. 4 (24): A stationary weir or trap devised to intercept and capture fish consisting of rows of bamboo stakes, plastic nets, and other materials fenced with split blood mattings or wire mattings with one or more enclosures, usually with easy entrance but difficult exit, and with or without leaders to direct the fish to the catching chambers, purse or bags. 310 Id., Sec. 4 (27): An artificial enclosure constructed within a body of water for culturing fish and fishery/aquatic resources made up of poles closely arranged in an enclosure with wooden materials, screen or nylon netting to prevent escape of fish. 311 Id., Sec. 4 (23): An enclosure which is either stationary or floating made up of nets or screens sewn or fastened together and installed in the water with opening at the surface or covered and held in a place by wooden/bamboo posts or various types of anchors and floats. 312 Id., Sec. 86. 313 Id., Sec. 88 (1). K-77

ENVIRONMENTAL LAW AND PROCEDURAL RULES

The prohibition on the use of fine mesh net shall not apply to the gathering of fry, glass eels, elvers, tabios, and alamang and such species which by their nature are small but already mature to be identified.314

F. Presumptions 1. Presence of Fishing Vessel without Permit Discovery of any person in an area where he has no permit or registration papers for a fishing vessel constitutes the presumption that the person and/or vessel is engaged in unauthorized fishing.315 2. Entry of Foreign Fishing Vessel The entry of any foreign fishing vessel in Philippine waters constitutes prima facie evidence that the vessel is engaged in fishing in Philippine waters316 under the following circumstances: (a) Entry of a foreign fishing vessel into Philippine waters under the following circumstances: (i) Navigating with its fishing gear deployed and/or not stowed; (ii) Navigating with an irregular track or route; (iii) Navigating through Philippine territorial waters without prior notice to, clearance of, or permission from the appropriate Philippine authority; (iv) Navigating in a manner that does not qualify as innocent passage nor navigating outside traditional routes or in identified fishing grounds; (v) Navigating without flying its national flag. (b) When a foreign fishing vessel is found within Philippine waters: (i) Under the circumstances enumerated in the previous paragraph; (ii) Lying-to or anchoring without any valid reasons or circumstances that may indicate the existence of force majeure, distress, or for the purpose of rendering assistance to persons, ships or any sea craft that is endangered or in distress; (iii) Lying-to, anchoring at, or anchoring near to or within known fishing grounds or marine protected areas.

314 315

Id., Sec. 89. Id., Sec. 86. 316 Id., Sec. 87. K-78

ENVIRONMENTAL LAW AND PROCEDURAL RULES

(c) When a foreign fishing vessel, after having been inspected within Philippine waters, in accordance with the procedures set forth in Fishery Administrative Order 200, s. 2000 (Guidelines and Procedures in Implementing Section 87 of the Philippine Fisheries Code of 1998), is found to contain freshly caught fish on deck or in storage, corals, mollusks.317 3. Presence of Explosives, Poisonous Substances, Electro-Fishing Devices and Fish Caught with their Use The discovery of dynamite, other explosives and chemical compounds which contain combustible elements, or noxious or poisonous substances, or equipment or device for electro-fishing in any fishing vessel or in the possession of any fisherfolk, operator, fishing boat official or fishworker constitutes prima facie evidence that the same was used for illegal fishing. The discovery in any fishing vessel of fish caught or killed with the use of explosive, noxious or poisonous substances or by electricity likewise constitutes prima facie evidence that the fisherfolk, operator, boat official or fishworker is fishing with the use thereof.318 The law creates a presumption that illegal fishing has been committed when: (a) explosives, obnoxious or poisonous substances or equipment or device for electric fishing are found in a fishing boat or in the possession of a fisherman; or (b) when fish caught or killed with the use of explosives, obnoxious or poisonous substances or by electricity are found in a fishing boat. Under these instances, the boat owner, operator or fishermen are presumed to have engaged in illegal fishing.319 4. Presumptions Not Unconstitutional These legal presumptions are not constitutionally impermissible. The law makes the discovery of obnoxious or poisonous substances, explosives, or devices for electric fishing, or of fish caught or killed with the use of obnoxious and poisonous substances, explosives or electricity in any fishing boat or in the possession of a fisherman evidence that the owner and operator of the fishing boat or the fisherman had used such substances in catching fish. The ultimate fact presumed is that the owner and operator of the boat or the fisherman were engaged in illegal fishing and this presumption was made to arise from the discovery of the substances and the contaminated fish in the possession of the fisherman in the fishing boat. The fact presumed is a natural inference from the fact proved. At the same time, the statutory presumption is merely prima facie. It does not preclude the accused from presenting his defense to rebut the main fact presumed.320
317

Fishery Administrative Order (FAO) No. 200, s. 2000 “Guidelines and Procedures in Implementing Section 87 of the Philippine Fisheries Code of 1998”. 318 Rep. Act No. 8550, Sec. 88 (1). 319 Hizon v. Court of Appeals, G.R. No. 119619, December 13, 1996, 265 SCRA 517. 320 Id. K-79

Sec. Sec. and this contradiction is not explained by the prosecution. fishing equipment and catch. the catch shall be confiscated and forfeited. 324 Id. noxious and poisonous substances. In the gathering of sand. 90. 87.321 G. 94. 329 Id.ENVIRONMENTAL LAW AND PROCEDURAL RULES 5. despite these legal presumptions..324 In fishing with superlights. Act No. noxious or poisonous substances and/or electrical devices. 327 Id. fishing equipment and fishing vessel.328 Fishing in overfished areas or during closed season or in fishery reserves. the presumption is rebutted. 91. Presumptions can be Rebutted by Contradictory Evidence However. 326 Id. and sanctuaries. Sec.. the catch and gear used is confiscated. 8550. the offender shall also be required to restore or compensate for the restoration of the damage. 330 Id. Sec. silica and pebbles. refuge. 325 Id. fishing gears and vessel shall be confiscated... the substance taken shall be confiscated. K-80 .325 In coral exploitation and exportation. and electrofishing. the collected corals and the vessel used are forfeited.329 Fishing in violation of catch ceilings entails forfeiture of the catch and fishing equipment used.326 In muro-ami.330 321 322 Id. 92. one test on one set showing positive results and the other test on the other set showing negative results. specially when the integrity of the specimens showing positive results has not been properly safeguarded and nothing of the poisonous substance was found in the boat upon apprehension..327 In the conversion of mangroves. as well as the fishing vessels. 96. Confiscation and Forfeiture Poaching entails confiscation of the catch.. 95. or the taking of rare. and 97. Sec. Rep. Sec. Sec. 328 Id.322 In fishing with explosives. 323 Id. where the facts show contradictory laboratory findings in two separate tests of two different sets of fish samples taken from the same boat. Sec.. threatened. the explosives.323 In fishing with active gear in municipal waters. shall be forfeited. 101. Sec. the superlight.. 88 (5). bays and fishery management areas. and endangered species entail forfeiture of the catch. 93. if the area requires rehabilitation or restoration as determined by the court.

July 25.. As such. Id. Such proceeds and instruments or tools are confiscated and forfeited in favor of the Government. 25434.332 H. but not limited to. judicial authorities have not required a search warrant of vessels and aircrafts before their search and seizure can be constitutionally effected. the fish and other evidence seized in the course of a warrantless search are properly admitted by the trial court. but those articles which are not the subject of lawful commerce shall be destroyed. “Fishing Vessel” Defined For purposes of search and seizure. large or small. 103. transportation. No.334 2. can be quickly moved out of the locality or jurisdiction in which the search warrant must be sought and secured. G. used or capable of being used as a means of transportation on water" and the word boat in its ordinary sense. The accepted definition of vessel includes "every description of water craft. 4 (41). 334 Roldan v.. supra note 334. like motor vehicles. 65 SCRA 336. Roldan v. Arca.331 In general. Sec.. K-81 . Court of Appeals. supply. The same exception applies to seizures of fishing vessels and boats breaching fishery laws.R. including. means any water craft. 1975. unless they be the property of a third person not liable for the offense. Sec. supra note 319. Sec.ENVIRONMENTAL LAW AND PROCEDURAL RULES The capture and export of sabalo and other breeders or spawners entail forfeiture of the catch and fishing equipment. No useful purpose can be served in trying to distinguish between boat and vessel. ship or other watercraft equipped to be used for taking of fishery species or aiding or assisting one or more vessels in the performance of any activity relating to fishing. 98 and 99. 333 Id. a fishing vessel is any boat.333 Fishing vessels also fall under the term fishing equipment because a fishing equipment is never complete and cannot be effectively used in off-shore or deep-sea fishing without the fishing boat or fishing vessel itself. Arca. every penalty imposed for the commission of an offense carries with it the forfeiture of the proceeds of such offense and the instruments or tools with which it was committed. Warrantless Search and Seizure of Fishing Vessels Search and seizure without a search warrant of vessels and aircrafts for violations of customs laws have been the traditional exception to the constitutional requirement of a search warrant.335 331 332 Id. storage. refrigeration. preservation. Seizure of Vessels and Equipment 1. Yielding to this reality. It is rooted on the recognition that a vessel and an aircraft. 335 Hizon v. and/or processing.

Court Cannot Order Release of Seized Fishing Paraphernalia upon the Justification that Confiscation follows only after Conviction and that the Witnesses are Sufficient for Conviction even without the Seized Evidence The court cannot order the release of seized fishing paraphernalia based on the justification that the same can only be ordered confiscated upon conviction by final judgment and that the prosecution still could prove the guilt of the accused beyond reasonable doubt even without the seized items being presented since it has sufficient witnesses for the purpose. where the illegal fishing was committed in the town where the court sits. If found to be contraband.339 The outcome of the criminal action will dictate the disposition of the seized property. but shall be 336 Roldan v. No. i. A. supra note 334. 337 Roldan v. 339 Senson v. September 8. noxious or poisonous substances.336 Notice of seizure of the fishing vessel is also not required for the legality of said seizure.. they will not be returned.ENVIRONMENTAL LAW AND PROCEDURAL RULES 3. 2003. MTJ-02-1430. Arca.M. Pangilinan. Warrantless Search and Seizure Incidental to a Lawful Arrest Valid Where the members of the crew of fishing vessels are caught in flagrante illegally fishing with dynamite and without the requisite license. which has custody thereof through the Philippine Navy. their apprehension without a warrant of arrest while committing a crime is lawful. Consequently. Arca. articles the possession of which constitutes a crime and the repossession of which would subject defendant to criminal penalties and frustrate the express policy against the possession of such objects. 410 SCRA 394. its equipment and explosives. The Regional Trial Court of Manila cannot legally issue a writ of preliminary mandatory injunction for the release of fishing vessels against the Regional Trial Court of Palawan which ordered the seizure of the same fishing vessels for illegal fishing committed in the waters off Palawan. In an analogous case. Court Cannot Order Release of Fishing Vessel in Custodia Legis of Co-Equal Court A court of concurrent and equal jurisdiction cannot order the release of fishing vessels already in custodia legis of the court exercising territorial jurisdiction for trial of the criminal case.e. and electro-fishing devices found therein is equally valid as an incident to a lawful arrest. Pangilinan.337 4. supra note 336. the search and seizure of the vessel. K-82 . the fact that the fishing vessels and equipment were confiscated in another town does not affect the jurisdiction of said court.338 5. Senson v. 338 Id. supra note 334. It is immaterial if the vessels were kept by the Navy in the Philippine Navy basin in Manila as this in no way impugns the jurisdiction already vested in the Palawan court.

No. No. Seized Fishing Items Not Yet Offered in Evidence Remain under Custody and Responsibility of the Prosecution All criminal actions commenced by complaint or information are prosecuted under the direction and control of the prosecutor. 1987. 61688. instead of a mere sample. May 9. this is only for purposes of determining if the fish was caught illegally.344 Conversely. Warrantless Seizure of Paraphernalia Mere Possession of which is Illegal Dynamited or poisoned fish is subject to seizure without warrant in accordance with the rule that the subject of an offense and the proceeds thereof are proper objects of seizure. 206. 17923. 155 SCRA 186.340 6. Cansino. RTJ-95-1293. 342 RP v. October 28.R. Seizure of Fish Catch 1. 343 Fishery Administrative Order (FAO) No. A. not the court. Series of 2001. Seized fishing paraphernalia and items not yet offered in evidence remain in the legal custody and under the responsibility of the prosecution. If not contraband. 244 SCRA 50. Court of Appeals. despite the absence of a search warrant.345 340 Vlasons Enterprises Corporation v. 5 SCRA 103.M. Dissolution of Seizure Warrant by the Court The court where the criminal case for illegal possession of dynamited or poisoned fish is eventually filed cannot legally dissolve the seizure warrant of the fishery officer on the ground that what should have been taken was only a sample. as the case may be. on “Disposal of Confiscated Fish and Other Items in Fishing Through Explosives and Noxious or Poisonous Substances”. particularly when the mere possession of the objects seized constitutes a crime. G. Gacott. seizure of the entire catch. No. The holder of said objects is then committing a crime in the presence of the officer effecting the seizure. 1962. 1995. supra note 342. Cansino. even before the determination that the fish was indeed caught by means of explosives or noxious and poisonous substances is illegal and the court may properly dissolve the seizure. While the Fishery Administrative Order343 states that only a sample must be taken. the entire catch must be seized.R. K-83 . supra note 336. Pangilinan.341 I. G. and the same is valid. 341 Senson v. Once it is already determined. May 26.342 2.ENVIRONMENTAL LAW AND PROCEDURAL RULES confiscated in favor of the State or destroyed. 344 RP v. 345 Manlavi v. the property shall be returned without undue delay to the person who appears from the evidence to be the owner or rightful possessor.

which requires the presence of the private offended party. selling or disposing of illegally caught fish and aquatic products. Prosecution 1. selling.349 346 347 People of the Philippines v. 1959. which explosion resulted in disabling. G. if he has a permit for possession. Municipal Fish Wardens as Private Offended Party For purpose of arraignment. supra note 345. but said acts must not only be done "knowingly" but also "for profit. MTJ-03-1487. 88 [4] of Rep. No. where the information is entitled "Illegal Fishing with Explosive. The information alleging that the accused willfully. without being guilty of illegal possession of explosives.346 2.347 3." there could be no doubt to the accused that the charge is for exploding dynamite for purposes of fishing illegally. The intent may be rightly presumed from the result of the act. 13678. De Castro. K-84 . the deputized municipal fish wardens should be notified and be present to represent the State as the offended party. 348 Manlavi v. comes under the offense of illegal fishing with explosives. stupefying and killing a certain kind of fish. unlawfully and feloniously exploded one stick of dynamite. 349 Sangguniang Bayan of Guindulman. 865 (1954). dealing in. Hence. Fishing with Explosives and Possession of Explosives Separate and Distinct Offenses Fishing with the use of explosives and possession of explosives without license are two distinct offenses penalized by different statutes. AM No. A person fishing with the use of explosives may be guilty of illegal fishing. Gacott. prosecution for the first offense does not bar prosecution for the second offense.ENVIRONMENTAL LAW AND PROCEDURAL RULES J. 496." an essential element of the offense. December 1. dealing in. 106 Phil.348 4. Information which does not state Explosives was for Fishing not Fatal Failure to allege in the information that the use of explosives was for the purpose of fishing is not fatal to the efficacy of the charge for illegal fishing resulting into a substantial defect in the information. People of the Philippines v. or in any manner disposing of illegally caught or gathered fishery species “for profit” is fatal to the sufficiency of the information. 2003. Cubelo. 8850) prohibits the separate acts of possessing. Moreover.R. 417 SCRA 1. Bohol v. 95 Phil. Failure to State “For Profit” in Information Fatal Failure to allege in the information that the accused was possessing. although the information fails to state that the act was for the purpose of fishing. November 20. Act No. The law (Sec. Anito.

1961. 8550 enumerates the penalties that should be imposed on violators thereof. especially if it is admitted that he himself took his share of the fish caught through the poisonous substance he was asked to pour into the water. the offender will be allowed to continue violating the law after paying the fine and serving his sentence resulting into an absurdity that administrative officials lack all executive powers of enforcing the law which the offender was already found guilty of violating. Bohol v.ENVIRONMENTAL LAW AND PROCEDURAL RULES 5. supra note 349. and confiscation and forfeiture of the catch. K-85 .00 on the boat owner/operator.350 6. it is mandatory for the court to impose the penalty of imprisonment on the accused boat captain. Otherwise.00 to P20. 15139. in that he built one without the consent of the fish-warden and outside of the place specified in the permit issued to him. Imposing only a fine for both the boat owner and boat captain constitutes gross ignorance of the law. 352 Bautista v. Castaneda.352 350 351 De Castro v. 1 SCRA 1131. No. April 28. a separate action is not needed for the removal of the illegal fishing structure. De Castro. Sangguniang Bayan of Guindulman. Ignorance of Poisonous Nature of Substance not a Valid Defense The defense of the accused that he was not aware that the substance used in catching fish was poison is not a sufficient defense for his discharge as a state witness in the illegal fishing trial. 580 (1916). G. a fine ranging from P2.000. Conviction by Final Judgment includes Removal of Illegal Fishing Structure Where the accused was convicted by final judgment for violation of a municipal ordinance relative to fish traps. Angeles. Imposition of Mere Fine on Boat Captain Constitutes Gross Ignorance of the Law Section 90 of Rep. 34 Phil.000. The trial court may only exercise its discretion as to the amount of fine to be meted out on the boat owner.R. It specifically imposes a penalty of imprisonment from two years to six years on the boat captain and master fisherman of the vessel.351 7. but it is not within the discretion of the court whether or not to impose the penalty of imprisonment on boat captain. even if said removal was not specifically provided for in the judgment of the court. Upon a finding of guilt. Act No.

. and 2) Old growth or virgin forests. mangrove forests. MINING A. 5.. 7942. 18. Sec. archeological and historic sites. Areas Closed to Mining Mining is prohibited in: 1) Areas expressly prohibited by law360. development. 19 (b).359 2. bridges. Areas Open to Mining Mining is allowed in: 1) Mineral reservations355. 358 Id.. 19 (a). Sec. 361 Id. 4) Military and other government reservations. parks. Id. wilderness areas.ENVIRONMENTAL LAW AND PROCEDURAL RULES VI. provincial/municipal forests. mossy forests.. 25. Sec. 357 Id. railroads. 4. public or private works including plantations or valuable crops. cemeteries.354 1.361 353 354 Rep. and 5) Near or under public or private buildings. Sec. 19 (d). or other infrastructure projects. Sec. and processing thereof shall be under its full control and supervision. waterways. Act No. series of 1992 and other laws. Sec. Sec. 19 (f).. Sec. 359 Id. 2) Ancestral lands. DENR Department Administrative Order No.. dams. Sec. highways. 16.” K-86 . 20 (f): “Except as may be allowed by the nature of their categories and pursuant to rules and regulations governing the same. Coverage All mineral resources in public and private lands within the territory and exclusive economic zone of the Rep. 360 Id. 2. 356 Id. Rep. of the Philippines are owned by the State.. Sec. with the consent of the concerned indigenous people356. utilization. game refuge and bird sanctuaries as defined by law and in areas expressly prohibited under the National Integrated Protected Areas System (NIPAS) under Rep.353 The exploration. reservoirs. 7586. upon written consent of the government agency or private entity concerned. Act No. 3) Public or private lands. 7586. proclaimed watershed forest reserves. Act No. 355 Id.. including timber or forest lands357. greenbelts. with written clearance of the concerned government agency358. The State may directly undertake such activities or it may enter into mineral agreements with contractors. national parks.

and proper use of the State's mineral resources. Sec. Decree No.R. 7586. Act No. and existing DENR Project Areas within timber or forest lands. which prohibits mineral locating within protected areas. 8. and promulgate such rules and regulations as may be necessary to implement the provisions of the Philippine Mining Act of 1995. or Rep. No. December 6. or Rep. 6 of Rep. K-87 . 7942 does not disallow mining applications in all forest reserves but only those proclaimed as watershed forest reserves. Sec. Sec. Decree No. 705 does not require that the consent of existing forest licensees be obtained but that they be notified before mining activities may be commenced inside forest concessions. Base Metals Mineral Resources. subject to certain limitations. Act No. and lands of the public domain. among others. it is only when the area has been so designated that Sec. 510 SCRA 400.362 B. Act No. 163509. Forest Lands. Significantly. 18 of Rep. Act No. 7942. 2006. Pres. 7586. are open to mining applications subject to area status and clearance. including those in reservations. forest reservations. which provides the guidelines in the issuance of area status and clearance or consent for mining applications pursuant to Rep. The Secretary of the DENR has the authority to enter into mineral agreements on behalf of the Government upon the recommendation of the Director of the Mines and Geo-Sciences Bureau (MGB). Protected Areas Sec. 7942. 7942 allows mining even in timberland or forest lands subject to existing rights and reservations. 03-98. 7942. 47. Finally. becomes operational. Act No. the permanent forest or forest reserves. Rep. Sec. watershed areas. DENR Secretary The DENR is the primary government agency responsible for the conservation. Authority of the DENR 1. Act No. G. Sec. development. Forest Reserves. 47 of Pres. DENR Memorandum Order No. forest reserves other than critical watershed forest reserves. and forest reservations. Mining in Government Reservations. reservations and reserves. with regard to the application of the prohibition on mineral location in protected areas under the NIPAS Law. 7942 also provides that mining operations in reserved lands other than mineral reservations may be undertaken by the DENR. 363 Rep. 705 permits mining operations in forest lands which include the public forest.ENVIRONMENTAL LAW AND PROCEDURAL RULES 3. 15(b) of DENR Department Administrative Order (DAO) 96-40 provides that government reservations may be opened for mining applications upon prior written clearance by the government agency having jurisdiction over such reservation.363 362 PICOP Resources v. 20 of Rep. military and other government reservations. management. provides that timber or forest lands. Act No. Act No.

. in mining operations at reasonable hours of the day or night in a manner that will not impede or obstruct work in progress of a contractor or permittee. 9. the mines regional director may summarily suspend the mining or quarrying operations until the danger is removed. any member or unit of the Philippine National Police. or appropriate measures are taken by the contractor or permittee. MGB Director The Mines and Geo-Sciences Bureau (MGB) shall have direct charge in the administration and disposition of mineral lands and mineral resources. barangay. Role of Mines Regional Director in Mine Pollution When it comes to mine pollution. Sec. 67. require the contractor to remedy any practice connected with mining or quarrying operations which is not in accordance with safety and anti-pollution laws and regulations. 67 thereof vests upon the regional director power to issue orders requiring a contractor to remedy any practice connected with mining or quarrying operations which is not in accordance with safety and anti-pollution laws and regulations and to 364 365 Id. Sec. Act No. in consultation with the Environmental Management Bureau. the authority of the mines regional director is complementary to that of the Pollution Adjudication Board.366 The regional director shall have exclusive jurisdiction over the safety inspection of all installations.364 3. In case of imminent danger to life or property.367 5... 7942 gives the mines regional director exclusive jurisdiction over the safety inspection of all installations.ENVIRONMENTAL LAW AND PROCEDURAL RULES 2. The MGB Director recommends to the DENR Secretary the granting of mineral agreements to duly qualified persons and monitors the compliance by the contractor of the terms and conditions of the mineral agreements. Sec. duly registered nongovernmental organization (NGO) or any qualified person to police all mining activities. Sec. 66. K-88 . Sec.365 4. Deputization to Police Mining Activities The MGB Director may deputize. 366 Id. when necessary.. surface or underground in mining operations. 66 of Rep. Power and Duties of Mines Regional Director The mines regional director may. 9. Sec. surface or underground. Id. 367 Id.

and 368 Republic of the Philippines v. G. The power granted to the mines regional director to issue orders requiring the contractor to remedy any practice connected with mining or quarrying operations or to summarily suspend the same in cases of violation of pollution laws is for purposes of effectively regulating and monitoring activities within mining operations and installations pursuant to the environmental protection and enhancement program undertaken by contractors and permittees in procuring their mining permit. Panel of Arbitrators and Mines Adjudication Board The Panel of Arbitrators (POA) in the regional offices of the DENR has exclusive and original jurisdiction to hear and decide on the following: 1) Disputes involving rights to mining areas. July 10. an environmental clearance certificate is required based on an environment impact assessment. In addition. The law also requires contractors and permittees to rehabilitate the mined-out areas. 137174. Mines Regional Director has no Adjudicative Powers over Pollution Complaints The power of the mines regional director does not foreclose PAB’s authority to determine and act on complaints filed before it.368 6. The law likewise requires every contractor to undertake an environmental protection and enhancement program. 2000. 3) Disputes involving surface owners. K-89 . Marcopper Mining Corporation. 2) Disputes involving mineral agreements or permits.369 C.ENVIRONMENTAL LAW AND PROCEDURAL RULES summarily suspend mining or quarrying operations in case of imminent danger to life or property. Significantly. it has no adjudicative powers over complaints for violation of pollution control statutes and regulations. occupants and claimholders / concessionaires.R. DENR-POA-MAB Jurisdiction over Mining Disputes and Issues 1. Pollution Adjudication Board (PAB) Retains Authority over Mine Pollution. While the mines regional director has express administrative and regulatory powers over mining operations and installations. 369 Id. and set up a mine rehabilitation fund. 335 SCRA 386. the law allows and encourages people’s organizations and non-governmental organizations to participate in ensuring that contractors/permittees shall observe all the requirements of environmental protection. No. which shall be incorporated in the work program which the contractor shall submit as an accompanying document to the application for a mineral agreement or permit.

7942. Sec.ENVIRONMENTAL LAW AND PROCEDURAL RULES 4) Disputes pending before the Bureau and the Department at the date of the effectivity of Rep. Act No. falls within the jurisdiction of the DENR Secretary.. 372 Id. POA’s jurisdiction is confined only to resolutions of such adverse claims. Such power is vested in the DENR Secretary upon recommendation of the MGB Director. Macroasia Corporation. Act No. 374 Id. Such petition is excluded from the coverage of the POA’s jurisdiction over disputes involving mineral agreements under Sec. Act No. Act No. 77.. opposition.374 370 371 Rep. is not a “dispute” involving a mineral agreement under Sec. even if filed by an applicant to a mining claim. 77 (b) of Rep. 78. the MGB Director and the DENR Undersecretary for Operations. conflicts and oppositions relating to applications for the grant of mineral rights. and not POA.371 The Mines Adjudication Board (MAB) is composed of the DENR Secretary. 7942. Sec.372 2. The rules of evidence prevailing in courts of law or equity are not controlling in the proceedings of the Board. 7942 is confined only to adverse claims. Act No.370 The decision or order of the panel of arbitrators is appealable to the Mines Adjudication Board (MAB). conflicts and oppositions and it has no authority to approve or reject said applications. 79. supra note 50. 7942. 77 (b) of Rep. 77(a) of Rep. POA-MAB and DENR Secretary Jurisdiction Distinguished The power of the POA to resolve any adverse claim. He has no legal right to such mining claim and hence no dispute can arise between the applicant and the parties to the mineral agreement. The findings of fact of the Board are conclusive and binding and its decisions or orders are final and executory. or protest relative to mining rights under Sec.373 A petition for the cancellation of an existing mineral agreement covering an area applied for by an applicant based on the alleged violation of any of the terms thereof. Id. It does not pertain to a violation by a party of the right of another. Sec. 373 Celestial Nickel Mining Corporation v. 7942. The applicant is not a real party-in-interest as he does not have a material or substantial interest in the mineral agreement but only a prospective or expectant right or interest in the mining area. A petition for cancellation of a mineral agreement anchored on the breach thereof. K-90 .

The POA is a quasi-judicial body which forms part of the DENR.ENVIRONMENTAL LAW AND PROCEDURAL RULES 3. February 13. 211. supra note 376. Rep. Sulu Resources Development Corporation. even without a petition or request filed for its cancellation. has the jurisdiction to cancel existing mineral lease contracts or mineral agreements. Order No. supervision. As such. No. Sec. POA has yet no jurisdiction over a dispute which is governed by Rep. has Authority to Cancel Contracts A scrutiny of the provisions of Pres. Decree No. K-91 . 387 SCRA 128. 7942 and its implementing rules and regulations. rules.R. and regulations. can cancel a mineral agreement for violation of its terms.375 4. G. POA’s jurisdiction over “disputes involving rights to mining areas” has nothing to do with the cancellation of existing mineral agreements. No. Order No. The DENR Secretary. must be held binding on them. 79. Act No. 2002. freely entered into by the parties. Act No. Act No.R. 463. 279. 545 SCRA 196. The power of the DENR Secretary to cancel mineral agreements emanates from his administrative authority. 378 Benguet Corporation v. 377 Rep. Appeal from the MAB Rep. and other laws.376 5. August 8.378 375 376 Id. G. 148267. executive issuances. Exec. Rep. by virtue of his powers as administrative head of his department in charge of the management and supervision of the natural resources of the country under the 1987 Administrative Code. and case law shows that the DENR Secretary. DENR Secretary. Carpio v. the Arbitration Law. Exec. this provision has been invalidated by the Supreme Court. Act No. 2008. A decision of the MAB must now first be appealed to the Court of Appeals under Rule 43 of the Rules of Court before recourse to the Supreme Court. 876. Voluntary Arbitration Suspends POA-MAB Jurisdiction Availment of voluntary arbitration before resort is made to the courts or quasi-judicial agencies of the government is a valid contractual stipulation that must be adhered to by the parties. Benguet Corporation v. 7942. 7942 provides that a petition for review by certiorari on questions of law may be filed by the aggrieved party with the Supreme Court within thirty (30) days from receipt of the order or decision of the Mines Adjudication Board. A provision on mandatory resort to arbitration.377 However. management. Act No. not the POA. 163101. provided there is compliance with due process. not POA-MAB. DENR-MAB. 7942. DENR-MAB. Title XIV of Book IV of the Revised Administrative Code of 1987. an administrative agency. and control over mineral resources under Chapter I.

Carpio v. supra note 378. 2006. 7942. G. or approving. pursuant to Administrative Order 18. No." and (2) controversies or disagreements of civil or contractual nature between litigants which are questions of a judicial nature that may be adjudicated only by the courts of justice. 1990.R. rejecting. Cases Where Trial Courts Have Jurisdiction Where the basic issue is entitlement to surface rights and right of way. April 26. This distinction is carried over even under the present law. K-92 .382 379 Celestial Nickel Mining Corporation v. the trial courts have jurisdiction. this does not mean that administrative bodies have complete rein over mining disputes. v.ENVIRONMENTAL LAW AND PROCEDURAL RULES 6. Courts Retain Jurisdiction over Civil Mining Disputes The trend at present is to make the adjudication of mining cases a purely administrative matter. the dispute is not a mining conflict. Rep. Administrative and Civil Mining Disputes Distinguished Decisions of the Supreme Court on mining disputes have recognized a distinction between (1) the primary powers granted by pertinent provisions of law to the then Secretary of Agriculture and Natural Resources (and the bureau directors) of an executive or administrative nature. 509 SCRA 93.379 D. L-43277. Appeal from the MAB to Court Of Appeals and Appeal from the DENR Secretary to the Office of the President Distinguished Since the cancellation of the mineral agreement is approved by the DENR Secretary.380 2. Where the suit is not merely for a determination of the amount to be paid for surface rights but the very validity of those surface rights. DENR-MAB. such as "granting of license. No. then to the Court of Appeals. 380 PNOC-Energy Development Corp. 129820. Act No. It is essentially judicial. Series of 1987. then the recourse of the contractor is to elevate the matter to the Office of the President. permits. not administrative. Macroasia Corporation. 381 Id. lease contracts. Benguet Corporation v. Court of Appeals. G. supra note 376. However. reinstating or cancelling applications. Jurisdiction of Trial Courts 1. supra note 50. Veneracion. 382 Standard Mineral Products v. in nature can be resolved only by the regular courts in whom is vested the judicial power to resolve and adjudicate such civil disputes and controversies between litigants in accordance with the established norms of law and justice.381 3. Questions and controversies that are judicial. not with the POA-MAB.R. or deciding conflicting applications. November 30. Sulu Resources Development Corporation.

R. The Regional Trial Court has no authority to make that determination in the first instance. No. FTAAS not Unconstitutional Financial and technical assistance agreements (FTAAs) were initially declared unconstitutional by the Supreme Court for being service contracts deemed illegal under the 1987 Constitution. Rep. No. a mineral agreement may take the following forms: 1) 2) 3) 4) Mineral production sharing agreement. 77.R. Pajares. Navarro.384 The Bureau of Mines and Geo-Sciences (now POA-MAB)385 has jurisdiction to determine the compensation payable to the surface owners. 29669. 49835.387 However. 1972. 2004. G. No. 69261. December 18.383 4. Cases where Trial Courts have no Jurisdiction A trial court has no jurisdiction over a case involving mining contracts where the issue involved is the validity of the transfer of mining rights executed by a company representative whose agency was denied by the company. 385 Rep. upon 383 384 Philex Mining Corporation v. 127882. 94 SCRA 768. 136 SCRA 415.ENVIRONMENTAL LAW AND PROCEDURAL RULES Where the adverse claim is not one grounded on overlapping of claims nor a mining conflict arising out of mining locations (there being only one involved) but one originating from the alleged fiduciary or contractual relationship between the mining corporation and the locator and his transferees. Sec. February 29. Zaldivar. 43 SCRA 479.R. 7942. 421 SCRA 148. Act No.386 E. but in the courts. G.R. Joint venture agreement. the adverse claim is not within the executive or administrative authority of the mining director to resolve. G. The issue of whether the contracts are valid falls within the exclusive competence of the Bureau of Mines (now the POA-MAB). G. 76. No. Co-production agreement. Ramos. K-93 . The trend is to make the adjudication of mining cases a purely administrative matter. Twin Peaks Mining v. 1979. Licenses and Permits Issued by the DENR 1. Mineral Agreements For purposes of mining operations. January 27. and Financial and technical assistance agreement (FTAA). Sec. 2. 1985. Act No. 386 Rajah Lahuy Mining Company v. 387 La Bugal-B’laan Tribal Association v. 7942. May 13.

Nature of DENR Secretary’s Power to Cancel FTAAS Failure to relinquish or divest areas in excess of the maximum contract area. occupants.I. It merely segregates the located land or area from the public domain by barring other would-be locators from locating the same and appropriating for themselves the minerals found therein. is not absolute. G. or concessionaire as a consequence of such operations shall be properly compensated. Act No. No further executive action is necessary since DMO 97-07 itself already provided for the sanction of failing to meet the deadline. 1987. occupant. Nature of Locator’s Right The right of a locator of a mining claim as a property right is recognized. as provided for in DENR DMO 97-07. V. Leido. G. results in the denial or cancellation of the FTAA application. 390 Santa Rosa Mining Company v. August 13. 49143. 1989. after which the areas covered thereby shall be open for Mining Applications. This is contrary to the intention of the law that the locator should faithfully and consistently comply with the requirements for annual work and improvements in the located mining claim. K-94 . more so. Mines.388 3. They can be lost through abandonment or forfeiture. or concessionaires when conducting mining operations therein. Mere location does not mean absolute ownership over the affected land or the mining claim. 174918. 176 SCRA 602. No. 7942 provides that subject to prior notification.ENVIRONMENTAL LAW AND PROCEDURAL RULES reconsideration. Rights of Surface Owner Sec. 2008. the Court reversed itself and declared said agreements as not constitutionally infirm. Any damage done to the property of the surface owner. G. as the 1987 Constitution does not proscribe service contracts. 156 SCRA 1. or they may be revoked on valid legal grounds. Zambales Chromite Mining Company v. Bonaventure Mining Corporation v. however. December 1. where claims are still unpatented. 562 SCRA 211.R. holders of mining rights shall not be prevented from entry into private lands and concession areas by surface owners. It is merely a possessory right. This right.L. No. 76 of Rep. To rule otherwise would imply that location is all that is needed to acquire and maintain rights over a located mining claim. The purpose of the law is obvious. No one can dispute that under the Regalian doctrine.390 5. 388 389 Id. 49109. Leido.389 4.R.R. which is to prevent trespass on private property. August 21. No. Any executive action beyond the deadline would be a mere superfluity.

To allow a claim for surface rights and right of way without meeting these conditions would be to countenance illegal trespass into private property. 47..R.395 A mineral trading registration from the Department of Trade and Industry is required for the trading of mineral products. discovery. Sec. a qualified person and the government may enter into a mineral agreement.) at any one time. Sec. either locally or internationally. 43277. and the vehicle containing the same.393 The MGB issues industrial sand and gravel permits for the extraction of sand and gravel and other loose or unconsolidated materials that necessitate the use of mechanical processing covering an area of more than five hectares (5 has. Act No. 1990.392 In large-scale quarry operations involving cement raw materials. No. Sec.ENVIRONMENTAL LAW AND PROCEDURAL RULES minerals found in one's land belong to the State and not to a private landowner. 394 Id. April 26. Other Permits An exploration permit grants the right to conduct exploration for all minerals in specified areas. exploration. As it is. marble. Sec. granite.. 393 Id. instead of the issuance of a quarry permit by the provincial governor. 43.396 A mineral processing permit from the DENR is required for the processing of minerals. 392 Rep. K-95 . and location must be done in accordance with the law. 397 Id.. 394 An ore transport permit specifying the origin and quantity of nonprocessed mineral ores or minerals is required for their transport and is issued by the mines regional director who has jurisdiction over the area where the ores were extracted. Court of Appeals.. 395 Id. 396 Id. The MGB has the authority to grant exploration permits.. 53. the tools and equipment utilized. Sec. a condition sine qua non is that the prospecting. sand and gravel construction aggregates. 7942.397 391 Standard Mineral Products v. 54. Sec.391 6. The absence of a permit is considered prima facie evidence of illegal mining and is sufficient cause for the Government to confiscate the ores or minerals being transported. 55. 184 SCRA 571. Nonetheless. 20. G. a locator’s right to use and exploit the mineral resources discovered and located do not mature if it does not comply with conditions precedent.

pumice.ENVIRONMENTAL LAW AND PROCEDURAL RULES F. basalt..401 3) Exclusive sand and gravel permits may also be granted by the provincial governor to quarry and utilize sand and gravel or other loose or unconsolidated materials from public lands for personal use. serpentine. adobe.405 398 399 Id. K-96 . Sec. inset filling materials. Sec... and other quarry resources shall be issued exclusively by the provincial governor. Sec. Id. pursuant to the ordinance of the sangguniang panlalawigan. Sec. tuff. i. conglomerate. andesite. Sec.). 404 Id. 44.. perlite. Sec. granite. Sec. LOCAL GOVERNMENT CODE..402 4) Government gratuitous permits may be issued by the provincial governor to a government entity or instrumentality to extract sand and gravel. 49. not for commercial disposition.398 The permit to extract sand. gravel. 405 Id. clay for ceramic tiles and building bricks. 46. 48.399 The authority to cancel a quarry permit also lies with the provincial governor. Act No.. such as marble. 51.) are also issued by the provincial governor. quarry or loose unconsolidated materials for the construction of building or infrastructure for public use or other purposes over an area of not more than two hectares (2 has.403 5) Any owner of land may be granted a private gratuitous permit by the provincial governor. Sec. 402 Id.404 6) A guano permit may be issued by the provincial governor to extract and utilize loose unconsolidated guano and other organic fertilizer materials in any portion of a municipality where the grantee has established domicile.. Sec. 401 Id. and other similar materials that are extracted by quarrying from the ground are applied for with the provincial/city mining regulatory board. 138.. 45. 403 Id. Permits Issued by the Provincial Governor 1) Quarry Permits on privately-owned lands and/or public lands for building and construction materials.e. 7942. 400 Rep. 50. gabbro. 43.400 2) Commercial sand and gravel permits to extract and remove sand and gravel or other loose or unconsolidated materials without undergoing processing from an area of not more than five hectares (5 has.

he will not be liable. 108 of Rep. If there was no violation or neglect. Offense not Proven under Mining Act may still be Prosecuted Under Other Environmental Laws It does not follow. Sec. February 10. It has jurisdiction over the following subjectmatter: 1) 2) 3) 4) Declare and segregate existing gold-rush areas for small-scale mining. and that the accused satisfactorily proves this.406 H. Act No. Reserve future gold and other mining areas for small-scale mining. and 5) Settle disputes. Essential Element in ECC Violation under Mining Act Sec. that one who has escaped criminal liability under the Mining Act can no longer be prosecuted under the Water Code. however. 482 SCRA 194. 7942 penalizes violations of the terms and conditions of the Environmental Compliance Certificate (ECC) if said violation causes environmental damage through pollution. The decision of the provincial/city mining regulatory board is subject to the review of the DENR Secretary. Loney v. Act No. G. an area that is declared a smallmining. 24. Formulate and implement rules and regulations related to small-scale mining.ENVIRONMENTAL LAW AND PROCEDURAL RULES 7) A non-exclusive gemstone gathering permit may be issued by the provincial governor for the gathering of loose stones useful as gemstones from rivers and other locations. 408 Id. A single act or incident might offend against two or more entirely distinct and unrelated provisions of law. People. Award contracts to small-scale miners. Criminal Offenses 1.407 2. Small-Scale Mining A provincial/city mining regulatory board is the implementing agency of the DENR in small-scale mining. 7076). G. 152644. conflicts or litigations over conflicting claims within a people's small-scale mining area. No. The fact that must be established is the willful violation and gross neglect on the part of the accused to abide by the terms and conditions of the Environmental Compliance Certificate. Anti-Pollution Law. and the Revised Penal Code because violation of the Environmental Compliance Certificate is not an essential element of these laws. 2006.R. K-97 .408 406 407 People’s Small Scale Mining Act (Rep. thus justifying the prosecution of the accused for more than one offense.

414 watershed. Sec.. to preserve genetic diversity. 4 (k): "Strict nature reserve" is an area possessing some outstanding ecosystem. biotic communities or physical features of the environment where these may require specific human manipulation for their perpetuation. to ensure sustainable use of resources found therein. Sec. a mala in se felony (such as Reckless Imprudence Resulting in Damage to Property) cannot absorb mala prohibita crimes (such as violation of Pres. Components All areas or islands in the Philippines proclaimed. presidential decree. 413 Id. 4 (e): "National park" refers to a forest reservation essentially of natural wilderness character which has been withdrawn from settlement. What makes the former a felony is criminal intent (dolo) or negligence (culpa).. Mala in Se Felony Cannot Absorb Mala Prohibita Crimes Moreover. groups of species. Pres.410 "National Integrated Protected Areas Systems (NIPAS)" is the classification and administration by the government of all designated protected areas to maintain essential ecological processes and life-support systems. K-98 . Act No. occupancy or any form of exploitation. except in conformity with approved management plan and set aside as such exclusively to conserve the area or preserve the scenery. 4 (b). “The National Integrated Protected Areas System Act of 1992”. 414 Id. 411 Id. Sec. the natural and historic objects. Sec. features and/or species of flora and fauna of national scientific importance maintained to protect nature and maintain processes in an undisturbed state in order to have ecologically representative examples of the natural environment available for scientific study. Act No. 7942). PROTECTED AREAS A.411 B. and to maintain their natural conditions. protected and managed 409 410 Id. Definition "Protected area" refers to identified portions of land and water set aside by the government for reason of their unique physical and biological significance. pursuant to a law. strict nature reserve. mangrove reserve. designated or set aside. and for the maintenance of genetic resources in a dynamic and evolutionary state. 4 (m): "Wildlife sanctuary" comprises an area which assures the natural conditions necessary to protect nationally significant species.409 VII. bird and wildlife sanctuary.ENVIRONMENTAL LAW AND PROCEDURAL RULES 3. natural and historical landmark.. environmental monitoring. game refuge.. fish sanctuary. 7586. wild animals and plants therein and to provide enjoyment of these features in such areas. Sec. Decree No. Decree No. Rep. education.413 wilderness area. and Rep. presidential proclamation or executive order as national park412. and managed and protected to enhance biological diversity against destructive human exploitation. 984. what makes the latter crimes are the special laws enacting them. 412 Id. 1067. 4 (a).

and which are necessary to ensure their economic.417 The Secretary of the DENR proposes the inclusion in the NIPAS of additional areas with outstanding physical features.. 418 Id. are designated as initial components of the NIPAS. 421 DENR Administrative Order (DAO) 2008-26. 417 Id. Sec. the DENR shall have submitted to the Senate and the House of Representatives a map and legal description or natural boundaries of each protected area initially comprising the System. mineral and other natural resources. and other lands individually owned.415 as well as identified virgin forests before the effectivity of Rep.. hunting grounds.416 Within one (1) year after the effectivity of the NIPAS Act. occupied or possessed by ICCs/IPs. forests. and lands which may no longer be exclusively occupied by ICCs/IPs but from which they traditionally had access to for their subsistence and traditional activities. 420 Rep. 5 (a). 3 (a). Revised Implementing Rules and Regulations of Rep.. burial grounds. particularly the home ranges of ICCs/IPs who are still nomadic and/or shifting cultivators. communally or individually since time immemorial. deceit. Sec. 7586.. 8371.. Act No.Ancestral Domains refer to all areas generally belonging to ICCs/IPs comprising lands. whether terrestrial. Act No. worship areas. held under a claim of ownership. Act No. Rule 2.418 Upon receipt of the recommendations of the DENR.421 415 Id. 419 Id. Sec. It shall include ancestral lands. 5 (b). the President issues a presidential proclamation designating the recommended areas as protected areas and providing for measures for their protection until such time when Congress has enacted a law finally declaring such recommended areas as part of the NIPAS. 5 (e). continuously to the present except when interrupted by war. social and cultural welfare. 7586 or the “National Integrated Protected Areas Act of 1992”. all of which shall be designated as "protected areas". bodies of water. 4 (i): "Protected landscapes/seascapes" are areas of national significance which are characterized by the harmonious interaction of man and land while providing opportunities for public enjoyment through recreation and tourism within the normal lifestyle and economic activity of these areas.419 The NIPAS also encompasses outstandingly remarkable areas and biologically important public lands and ancestral domains420 that are habitats of rare and endangered species of plants and animals. Sec. anthropological significance and biological diversity in accordance with the procedure laid down in the NIPAS Act. pasture. force majeure or displacement by force. coastal areas. whether alienable and disposable or otherwise. stealth or as a consequence of government projects or any other voluntary dealings entered into by government and private individuals/corporations. or the NIPAS Act of 1992. residential. inland waters. by themselves or through their ancestors. K-99 . Sec. agricultural. bio-geographic zones and related ecosystems.ENVIRONMENTAL LAW AND PROCEDURAL RULES landscape/seascapes. wetlands or marine. 6. 416 Id. and natural resources therein. Sec.

economic. a representative from each tribal community. or at the time of inroads of non-indigenous religions and cultures. 3 (h): Indigenous Cultural Communities/Indigenous Peoples refer to a group of people or homogenous societies identified by self-ascription and ascription by others.. Sec. 8371. 422 423 Rep. Rep. approve proposals for funding. 8371 Sec.. possessed and utilized a territory.. 7586. sharing common bonds of language. who retain some or all of their own social. Sec. and who have. Act No. ICCs/IPs shall likewise include peoples who are regarded as indigenous on account of their descent from the populations which inhabited the country. or Rep. possessed and utilized such territories.1. one (1) representative from other departments or national government agencies involved in protected area management. a representative from the autonomous regional government. 425 Id. occupied. but who may have been displaced from their traditional domains or who may have resettled outside their ancestral domains. Sec. and decide matters relating to planning. Act No. traditions and other distinctive cultural traits. peripheral protection. Management and Administration The NIPAS is under the control and administration of the DENR through Protected Areas and Wildlife Divisions supervised by the DENR Regional Technical Director in regions where protected areas have been established. Rule 12. since time immemorial. and who have. 427 DENR DAO 2008-26. at least three (3) representatives from non-government organizations/local community organizations. customs. occupied. and general administration of the area in accordance with the general management strategy of the protected area. Act No.425 between tenured migrant communities and indigenous peoples. under claims of ownership since time immemorial. cultural and political institutions. 11. 4 (d): "Indigenous cultural community" refers to a group of people sharing common bonds of language. if applicable.423 The PAMB is composed of the DENR Regional Executive Director under whose jurisdiction the protected area is located. became historically differentiated from the majority of Filipinos. through resistance to political.ENVIRONMENTAL LAW AND PROCEDURAL RULES C. or the establishment of present state boundaries. who have continuously lived as organized community on communally bounded and defined territory. 424 Id. the Provincial Development Officer. customs. traditions and other distinctive cultural traits. K-100 . at the time of conquest or colonization. Sec.424 The PAMB has jurisdiction to resolve conflicts or disputes among tenured migrant communities.422 A Protected Area Management Board (PAMB) for each of the established protected areas is also set-up to decide the allocations for budget. 10.427 which are under the jurisdiction of the National Commission on Indigenous Peoples by virtue of the Indigenous Peoples Rights Act of 1997. or who have. 11. and if necessary. a representative from each barangay covering the protected area.. Id. a representative from the municipal government. social and cultural inroads of colonization.426 but excluding conflicts or disputes exclusively among indigenous peoples. non-indigenous religions and cultures. 426 Id. Sec. 4 (l): "Tenured migrant communities" are communities within protected areas which have actually and continuously occupied such areas for five (5) years before the designation of the same as protected areas in accordance with this Act and are solely dependent therein for subsistence. if applicable.7. and.

exact administrative fees and fines for violations of guidelines.429 E. 18. those that are the subject of donation. type and style of buildings and other structures to be constructed in protected areas and the materials to be used. K-101 . Rule 19. Rep. control the construction. are considered field officers and have the authority to investigate and search premises and buildings and make arrests in accordance with the rule on criminal procedure for the violation of laws and regulations relating to protected areas. In cases of seizure. rules and regulations. 430 DENR DAO 2008-26. The PASu is the primary law enforcer in the protected area and is empowered to enforce rules and regulations to protect the area from trespassing. 7586. those that must be deposited with appropriate government agency. Sec. and those that will be utilized for the DENR's own needs in accordance with its rules and regulations. 10.7. upon recommendation of the PAMB. with the exception of the members of indigenous peoples.ENVIRONMENTAL LAW AND PROCEDURAL RULES D. determine the specification of the class. 7586. Persons arrested are brought to the nearest police precinct for investigation. Act No.430 428 429 Rep. vandalism and illegal occupancy. damage. The PASu also issues Certificates of Origin and transport permits for natural resources and other products collected or gathered from the protected area in accordance with the resource use instruments/agreements or gratuitous permits issued by the PAMB or the DENR. except those items that are held under custodia legis. operation and maintenance of public utilities within the protected area.428 All officials. technical personnel and forest guards employed in the integrated protected area service or all persons deputized by the DENR. Act No. The disposition of confiscated items is subject to the clearance from the PAMB. the PASu assumes custody of the apprehended items. Rule 11. Sec. Protected Area Superintendent Each protected area is also safeguarded by a DENR Protected Area Superintendent (PASu). Law Enforcement The Secretary of the DENR is empowered to deputize field officers and delegate any of his powers to expedite implementation and enforcement of laws. Regular law enforcers and police officers continue to be authorized to arrest any person violating said laws and regulations. and control occupancy of suitable portions of the protected area and resettle outside of said area forest occupants therein. DENR DAO 2008-26.

or otherwise occupying any land. Rule 22. (h) Leaving in exposed or unsanitary conditions. 20. refuse or debris. or mere possession of any plant or animal or product derived therefrom without a permit from the Management Board. including all equipment. disturbing. DENR DAO 2008-26. (b) Dumping of any waste product detrimental to the protected area. Act No.432 431 432 Rep. or depositing in ground or in bodies of water. and (i) Altering. 7586. removing destroying or defacing boundary marks or signs. 21. (f) Squatting. Sec. or to the plants and animals or inhabitants therein. timber or any species collected or removed. (d) Mutilating. Sec. The court shall also order the eviction of the offender from the land and the forfeiture in favor of the Government of all minerals. (e) Damaging and leaving roads and trails in a damaged condition. fences or enclosures. mineral locating. If the offender is an association or corporation. devices and firearms used in connection therewith. destroying. defacing or destroying objects of natural beauty or objects of interest to cultural communities.. and any construction or improvement made thereon by the offender. conducting any business enterprise without a permit. Id. (g) Constructing or maintaining any kind of structure. K-102 . Prohibited Acts and Penalties The NIPAS Act penalizes the following offenses: (a) Hunting. the president or manager is directly responsible for the act of their employees and laborers. (c) Use of any motorized equipment without a permit from the Management Board.431 The penalties include rehabilitation or restoration of the area or compensation for restoration as determined by the court.ENVIRONMENTAL LAW AND PROCEDURAL RULES F.

9147 (Wildlife Act) and Rep. Act No. 9147. 4. the IRR of Rep. 9147. Sec.. 9147 prevails. are enforceable for all wildlife species433 found in all areas of the country. WILDLIFE RESOURCES A. Applicability of Related Laws The Implementing Rules and Regulations (IRR) of Rep. 5 (x): "Wildlife" means wild forms and varieties of flora and fauna. “Wildlife Resources and Conservation Act”. Act No. except dugong. The use for scientific or commercial purposes of aquatic and marine resources within protected areas listed under the jurisdiction of DA is governed by Rep.4.437 C. 3. Rule 4. 9072 (National Caves and Cave Resources Management and Protection Act) and its Implementing Rules and Regulations. 1 “Joint Implementing Rules And Regulations (IRR) Pursuant To Rep. including all fishes. 439 Id. Sec. Joint DENR-DA-PCSD Administrative Order No. Act No. Joint DENR-DA-PCSD Administrative Order No. 1. Act No. 438 Joint DENR-DA-PCSD Administrative Order No. and all marine mammals. In the Province of Palawan. aquatic plants. 8550 (Fisheries Code). 3.6. Act No. 9147 are supplementary to the provisions of Rep. pursuant to Rep..438 The management of wildlife resources found within protected areas is governed by Rep. all turtles and tortoises and wetland species. all aquatic resources. waterbirds and all amphibians and dugong. 434 Id. 9147. Sec. jurisdiction is vested on the Palawan Council for Sustainable Development. 7586 (NIPAS Act). 5 (j): "Exotic species" means species or subspecies which do not naturally occur in the country. Sec. They also apply to exotic species434 which are subject to trade. including crocodiles. including those which are in captivity or are being bred or propagated. In case of conflict. Rule 3.436 B. 7611. 9147.439 The utilization of wildlife 433 Rep. in all developmental stages. or the “Wildlife Resources Conservation and Protection Act”. Coverage The provisions of Rep. 1. Act No.. 437 Rep.” Sec. Act No. 435 Id. Act No. maintained or bred in captivity or propagated435 in the country. including protected areas under the NIPAS and critical habitats. Act No. Act No. Jurisdiction of the DENR The DENR has jurisdiction over all terrestrial plant and animal species. 9147. The Department of Agriculture (DA) shall have jurisdiction over all declared aquatic critical habitats. are cultured. K-103 . invertebrates. 5 (c): "Captive-breeding/culture or propagation" means the process of producing individuals under controlled conditions or with human interventions.ENVIRONMENTAL LAW AND PROCEDURAL RULES VIII. Sec. 4. 436 Id.. Sec. Act No.

K-104 . Sec.. Act No. pursuant to Rep. Sec.. 12. Sec.. Sec. their derivatives or by-products. 5 (a): "Bioprospecting" means the research.446 The introduction. 453 Id. 5 (s): "Threatened species" a general term to denote species or subspecies considered as critically endangered.442 Collection of wildlife by indigenous peoples for traditional use and not primarily for trade443 is also allowed. Sec. Regulated Activities Collection441 of wildlife may be allowed in accordance with the provisions of the Wildlife Conservation Act. its by-products or derivatives. locally or internationally.. purchase or sale of wildlife... Sec. 452 Id. 445 Id. Rep. 5 (d): "Collection or collecting" means the act of gathering or harvesting wildlife. Sec. 448 Id. vulnerable or other accepted categories of wildlife whose population is at risk of extinction. Sec. Rule 4..7.. 5 (o): "Indigenous wildlife" means species or subspecies of wildlife naturally occurring or has naturally established population in the country. 7 and 23. but not into protected areas covered under the NIPAS or to critical habitats. 443 Id.. 8371 (Indigenous Peoples Rights Act of 1997 or IPRA). 14.453 Collection and utilization of biological resources 440 441 Id.450 Exotic species may be introduced into the country upon clearance from the DENR Secretary. 442 Id. 5 (t): "Trade" means the act of engaging in the exchange. but only for population enhancement or recovery purposes subject to prior clearance from the DENR Secretary. Sec. 9147.445 Wildlife species may be exported to or imported from another country as may be authorized by the DENR Secretary. 447 Id. 5 (i): "Endemic species" means species or subspecies which is naturally occurring and found only within specific areas in the country. Sec. 446 Id. 450 Id.440 D. endangered.451 Bioprospecting452 is allowed subject to the approval of the DENR Secretary and the prior informed consent of the indigenous peoples. Sec. Act No. collection and utilization of biological and genetic resources for purposes of applying the knowledge derived there from solely for commercial purposes. which requires appropriate and acceptable techniques with least or no detrimental effects to the existing wildlife populations and their habitats. 5 (p): "Introduction" means bringing species into the wild that is outside its natural habitat. Secs.. Sec. 11. breeding or propagation purposes. exportation or importation.ENVIRONMENTAL LAW AND PROCEDURAL RULES resources found within ancestral domains/ancestral lands shall be subject to the issuance of a Free and Prior Informed Consent. local communities and PAMBs.. Collection of threatened species444 is allowed but only for scientific. 449 Id. 451 Id. 444 Id...447 reintroduction or restocking of endemic448 and indigenous449 wildlife is allowed. 13. 5 (m): "Habitat" means place or environment where species or subspecies naturally occur or has naturally established its population.

454 Id. Rule 27. 456 Only the killing of wildlife species not classified as threatened.. (b) inflicting injury which cripples and/or impairs the reproductive system of wildlife species. (iii) when it is deemed necessary to put an end to the misery suffered by the wildlife. (ii) squatting or otherwise occupying any portion of the critical habitat. 1. (iii) mineral exploration and/or extraction. Joint DENR-DA-PCSD Administrative Order No. 457 For killing of any form of wildlife to be justified. a prior certification from a licensed veterinarian that the concerned wildlife is afflicted with an incurable disease or that the euthanasia is done to put an end to the misery of said wildlife is required. 455 Id. K-105 . (v) logging. (ii) when the wildlife is afflicted with an incurable communicable disease. scientific. and (vi) quarrying (d) introduction. Rule 27. except in the following instances: (i) when it is done as part of the religious rituals of established tribal groups or indigenous cultural communities456. unless otherwise allowed through a permit or otherwise in accordance with said Act: (a) killing and destroying wildlife species. as part of religious rituals of established indigenous cultural communities may qualify. and (v) when the wildlife is killed or destroyed after it has been used in authorized research or experiments.457 (iv) when it is done to prevent an imminent danger to the life or limb of a human being.ENVIRONMENTAL LAW AND PROCEDURAL RULES for scientific research may be allowed through gratuitous permits454 issued by the DENR Secretary and also subject to prior informed consent. (c) effecting any of the following acts in critical habitat(s) (i) dumping of waste products detrimental to wildlife. Joint DENR-DA-PCSD Administrative Order No. Sec. 1. Prohibited Acts The Wildlife Conservation Act penalizes the following as criminal offenses. Sec..2.455 E. 5 (l): "Gratuitous permit" means permit issued to any individual or entity engaged in noncommercial.1. reintroduction or restocking of wildlife resources. or educational undertaking to collect wildlife. 15. (iv) burning.

and all paraphernalia. their by-products and derivatives. 1. and (i) transporting of wildlife. 28. Sec. Rule 28. 28. The apprehending agency. All perishable and consumable items still fit for human or animal consumption may be donated to non-profit. Rule 28. immediately causes the transfer of all seized or recovered wildlife to the nearest Wildlife Rescue Center. Joint DENR-DA-PCSD Administrative Order No. Act No. hunting or possessing wildlife.459 F. tools and conveyances used in connection with the commission of the prohibited acts are automatically confiscated without the benefit of court order and kept in the custody of the concerned agency. 463 Rep.460 The penalties include forfeiture in favor of the government of all wildlife. 5 (b): "By-product or derivatives" means any part taken or substance extracted from wildlife.3.464 Fines imposed and damages awarded inure to the Wildlife Management Fund for rehabilitation or restoration of habitats affected by acts committed in violation of the Wildlife 458 Rep. Sec. its derivatives or by-products and all paraphernalia.. 1. 460 Id. 28. (h) maltreating and/or inflicting other injuries not covered by the preceding paragraph. 1. Sec. nest trees. host plants and the like. 9147.458 (g) gathering or destroying of active nests.4. Act No. the same may be released to said owner upon order of the court. This includes stuffed animals and herbarium specimens. tools and conveyances used in connection with the offense. in raw or in processed form. Act No. 9147. derivatives or by-products. Rule 28.. 28. Sec. Sec. Joint DENR-DA-PCSD Administrative Order No. charitable or penal institutions or wildlife rescue centers. all wildlife. 459 Id. 27. after documentation of all seized/recovered wildlife.463 The increase takes effect automatically without need of the issuance of further regulations.462 The fines prescribed as penalties are increased by at least ten percent (10%) every three (3) years to compensate for inflation and to maintain the deterrent function of such fines. 9147. Seizure. Forfeiture and Fines Upon apprehension. (f) collecting. Sec. 464 Joint DENR-DA-PCSD Administrative Order No.2..461 Where the ownership of conveyances belongs to a third person who has no participation in or knowledge of the illegal acts committed. 461 Rep. K-106 .ENVIRONMENTAL LAW AND PROCEDURAL RULES (e) trading of wildlife. 462 Id.

3) Assist in the conduct of surveillance and monitoring of wildliferelated activities. PENRO or DENR Regional Office or BFAR Regional/Provincial Offices or PCSDS District Management Office for custody all confiscated wildlife. 4) Deliver the arrested offender within reasonable time to the nearest police station and assist in filing the proper complaint with the appropriate official designated by law to conduct preliminary investigation.465 G. and other law enforcement agencies may also designate wildlife enforcement officers from among their members. 467 Joint DENR-DA-PCSD Administrative Order No. 30. and/or traded wildlife.466 More specifically. rules and regulations. subject to existing laws. rules and regulations on arrest and detention. by-products and/or derivatives. enforcement. Wildlife enforcement officers have the full authority to seize illegally traded wildlife and arrest violators of the Wildlife Conservation Act. the National Bureau of Investigation (NBI). Sec. 2) Arrest. Act No. 9147. or is about to commit in his presence any of the offenses provided under the Act and other relevant laws. any person who has committed. equipment and conveyances used in the commission of the crime. and 7) Prosecute cases before Municipal Trial Courts in areas where there are no prosecutors.467 465 466 Rep. and monitoring activities. including corresponding reports. The Philippine National Police (PNP). wildlife enforcement officers may: 1) Seize illegally collected. Id. is committing. 5) Deliver within reasonable time to the nearest CENRO. as well as tools. Sec. Rule 30. by-products and/or derivatives thereof.4. possessed.. even without warrant. community organizations and other volunteers who have undergone the necessary training. 1. 6) Act as witness in court for the speedy prosecution of criminal complaints against wildlife violators.ENVIRONMENTAL LAW AND PROCEDURAL RULES Conservation Act and to support scientific research. the Armed Forces of the Philippines (AFP). K-107 . 29. citizens groups. as well as enhancement of capabilities of relevant agencies. their parts. or parts. Law Enforcement The DENR Secretary is authorized to deputize wildlife enforcement officers from non-government organizations.

mine tunnel. 469 Id.471 Caves and cave resources are owned by the State. whether or not the entrance. 9072. Act No. 471 DAO No. cavity. Act No. the National Museum. Act No. or the Cave Resources Management and Protection Act. 474 DAO No. 2003-29. Act No. In the Province of Palawan. 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. 473 Rep. 2003-29. minerals. sinkhole or other feature which is an extension of the entrance. 3 (b): "Cave resources" include any material or substance occurring naturally in caves. Sec. is also regulated by the DENR to preserve the integrity of the cave. Sec. Sec. and speleothems. in coordination with the Department of Tourism (DOT). 9072. DAO No. and other man-made excavations.472 B. and concerned local government units (LGUs) for specific caves. speleogems.470 aqueduct. Landowners with caves inside their private lands must secure the necessary permit from the DENR for the use. located either in private or public land. 9072. 472 Id. pursuant to Rep. plant life. the Palawan Council for Sustainable Development is the lead implementing agency. 7611. including paleontological and archaeological deposits. Sec. mine tunnel. Act No. 9072. It shall include any natural pit. The indigenous people may transfer responsibility over caves within their ancestral domains or lands to the DENR in writing.473 The responsibility in the management and protection of caves and cave resources found within ancestral domains or ancestral lands rests with the concerned indigenous people. Sec. CAVE RESOURCES A.ENVIRONMENTAL LAW AND PROCEDURAL RULES IX. is naturally formed or man made. excluding any vug. Sec. collection or removal of any cave resource. 2003-29. 3 (a): "Cave" means any naturally occurring void. including the harvesting of planted trees. 2. but not any vug. cultural artifacts or products of human activities. 3.. Implementing Agencies The DENR is the lead agency tasked to implement the provisions of Rep. such as animal life. 2003-29. 7. covers caves468 and cave resources469 within public domain and private lands.474 468 Rep. usually lined with crystal of a different mineral composition from the enclosing rock. 4. 470 A small cavity in a vein or in a rock. sediments. 4. K-108 . Sec. The term also includes cave resources therein. Coverage Rep. the National Historical Institute. 9072. Sec. Act No. All resource utilization outside caves within private lands. or the Strategic Environmental Plan for Palawan Act. Implementing Rules and Regulations of Rep. DENR Department Administrative Order (DAO) No.. aqueduct or other manmade excavation. 6.

477 Any permit issued may be revoked by the Secretary of the DENR for violation of any provision of Rep. 3 (d): "Speleogem" means relief features on the walls. 5. ceilings and floor of any cave or lava tube which are part of the surrounding hedrock. 9072. 480 Id. 2003-29. 7586. Regulated Activities The DENR may issue permits for the collection and removal of guano and other cave resources with regard to specific caves. Sec. including but not limited to anastomoses. Clearance from PAWB is required prior to the issuance of any mining permit for cave resources pursuant to Rep. Sec. Act No. petromorphs and rock pendants in solution caves and similar features unique to volcanic caves. rimstone or formation of clay or mud. 478 Rep. removing. Act No. defacing. or the National Integrated Protected Area System Act of 1992. 475 476 Rep. marring. 5 (c).475 The collection of biological cave resources is also governed by the provisions of Rep. 9072. Act No.478 The DENR shall also set open and close seasons for the collection of edible bird’s nest and similar cave resources.ENVIRONMENTAL LAW AND PROCEDURAL RULES C. 7942 (Philippine Mining Act 1995) and related rules and regulations.479 It shall also regulate eco-tourism in caves through the issuance of visitors’ permits. 2003-29. Sec. Sec. Sec. Act No. or harming the speleogem481 or speleothem482 of any cave. Prohibited Acts Under Rep. Sec. 9072. cave flower. DAO No. Sec.476 D. 5 (c). as well as any prospecting permit to be issued by other concerned government agencies. 5.. 14. as well as the aesthethic and archaeological value of the cave. scallops. 479 DAO No. 477 Id. 9072: Sec. 482 Id. 481 Rep. 3 (e): "Speleothem" means any natural mineral formation or deposit occurring in a cave or lava tube. DAO No. Other Applicable Laws Caves located within a protected area are covered by and subject to the provisions of Rep. stalagmite. including but not limited to any stalactite. Act No. Act No. DAO No. 9072. 13. drapery. K-109 . disturbing. and when it is established that the removal of the resources will adversely affect the value of a significant cave. meander niches. 14. or for failure to comply with any other condition upon which the permit was issued. the following are prohibited acts: (a) Knowingly destroying. flowstone. Act No. taking into consideration bio-diversity. 2003-29. 9147 (Wildlife Resources Conservation and Protection Act) and its implementing rules and regulations. altering. Act No.480 E. 2003-29. Sec. concretion. The Secretary cannot issue permits for the removal of stalactites and stalagmites. helictite..

cave resource. subject to existing laws. the Armed Forces of the Philippines. or offering for sale without authority any. possessing. selling. the offender is also required to restore the same or to compensate for the damage. collected. and (c) Counselling. 4 of DENR Department Administrative Order (DAO) No. Acquired. collecting. 9072. through its Regional Executive Directors (REDs). 486 Id. Act No. 9072. 19. 97-32 (Administrative Adjudication of Illegal Forest Products and the Machinery. 9072 is governed by Sec.483 F. 7. Gathered. 9. 16. 2003-29. whenever applicable. If the area requires rehabilitation or restoration as determined by the court. Administrative Seizure and Confiscation The Secretary of the DENR is empowered to cause the administrative confiscation of the cave resources gathered. Sec.485 G. Tools and Conveyances Used in Connection Therewith) and Department Administrative Order (DAO) No. Equipment. consuming. the National Bureau of Investigation and other law enforcement agencies as cave protection enforcement officers. Deputized cave protection enforcement officers have the full authority to seize and arrest violators of Rep.484 The procedure on the seizure. DAO No. Act No. community organizations. bartering or exchanging. and other volunteers who have undergone the necessary training. 2003-29. or employing any other person to violate any provisions of this Section. Law Enforcement The DENR. 485 DAO No. soliciting. rules and regulations on arrest and detention. including the conveyance and equipment used. possessed or sold. Sec. also deputizes Cave Protection Enforcement Officers from locally based nongovernment organizations. Transported and Imported including Paraphernalia). removed. 17. Sec. Seizure and Disposition of Wild Flora and Fauna Illegally Collected. Sec. (b) Gathering. Rep. Act No. confiscation. The person furnishing the capital to accomplish the above acts is also criminally liable. 91-36 (Guidelines Governing the Confiscation. and forfeiture of cave resources and all implements used in violation of Rep. K-110 .ENVIRONMENTAL LAW AND PROCEDURAL RULES or altering the free movement of any animal or plant life into or out of any cave. indigenous people. procuring. Sec.. It may also designate the Philippine National Police. Act No.486 483 484 Rep. 9072.

of the operation of a business establishment. Effect of Non-Observance The Pollution Adjudication Board is the agency of the government with the task of determining whether the effluents of a particular industrial establishment comply with or violate applicable anti-pollution statutory and regulatory provisions. Order No. 442 SCRA 117. 489 Implementing Rules and Regulations of the Clean Air Act. Under said Executive Order.489 487 488 Laguna Lake Development Authority v. November 11.487 2. Exhaustion of Administrative Remedies in Pollution Cases. Jurisdiction over Air Pollution The Pollution Adjudication Board (PAB) has sole and exclusive jurisdiction over all cases of air pollution under the Clean Air Act and all other matters related thereto. 137862. Court of Appeals. Sec. 2004. Pollution Adjudication Board (PAB) 1. POLLUTION AND ENVIRONMENTAL MANAGEMENT A. Pollution Adjudication Board (PAB) Has Jurisdiction Over Pollution Cases The matter of determining whether there is pollution of the environment that requires control. except as may be provided by law. a Pollution Adjudication Board (PAB) under the Office of the DENR Secretary now assumes the powers and functions of the National Pollution Control Commission with respect to adjudication of pollution cases. No. G.R. Act No. including the imposition of administrative sanctions. K-111 . The claim that going to the trial court without going to the DENR first is justified because of grave and irreparable injury from the operation of an establishment is wrong. supra note 105. has assumed the powers and functions of the defunct National Pollution Control Commission created under Rep. if not prohibition. Rule L. by virtue of Sec. The doctrine of exhaustion of administrative remedies requires that resort be first made with the administrative authorities in the resolution of a controversy falling under their jurisdiction before the same may be elevated to a court of justice for review. is essentially addressed to the Environmental Management Bureau (EMB) of the DENR which. 16 of Exec.ENVIRONMENTAL LAW AND PROCEDURAL RULES X. A premature invocation of a court’s intervention renders the complaint without cause of action and dismissible on such ground. series of 1987. Estrada v. 3931. 192. 2. Court of Appeals.488 3.

492 Gross violations under the Clean Air Act are the following: 1) Three (3) or more specific offenses within a period of one (1) year. K-112 .ENVIRONMENTAL LAW AND PROCEDURAL RULES 4. no criminal prosecution for violation of pollution laws can be initiated until the PAB shall have finally ruled thereon. Act No. Exclusive Authority to Determine the Existence of "Pollution" Before Criminal Prosecution of Violations On matters not related to nuisance. 41958. such as but not limited to the breaking of seal. or 490 491 Mead v. 28. 2) Three (3) or more specific offenses in three (3) consecutive years. 9275. Id. padlocks and other similar devices. the court where the said information is filed is without jurisdiction to take cognizance of the criminal case. A court action involving the determination of the existence of pollution may not be initiated until and unless the PAB has so determined the existence of what in the law is considered pollution. the PAB shall recommend that the proper government agencies file criminal charges against the violators. the filing of the information is premature and unauthorized. breaking of seals or operating despite the existence of an order for closure.490 Public prosecutors lack the authority to file the information charging a person with a violation of pollution laws if there is no prior finding or determination by the PAB that the act had caused pollution. Public prosecutors may only file an information for the commission of pollution if the PAB had made a finding or determination that the law or any of its orders had been violated. July 20. 3) Blatant disregard of the orders of the PAB. Gross violations under the Clean Water Act are the following: 1) Deliberate discharge of toxic pollutants identified pursuant to Rep. Act No. Sec. Filing of Criminal Cases for Gross Violations under The Clean Water Act And Clean Air Act In case of gross violations under both the Clean Water Act and Clean Air Act. such as the nonpayment of fines. Otherwise. Consequently. 2) Five (5) or more violations within a period of two (2) years. 492 Rep. or 3) Blatant disregard of the orders of the PAB. The PAB shall assist the public prosecutor in the litigation of the case. 115 SCRA 256. 1982.491 5. Argel. discontinuance or cessation of operation. GR No. 6969 in toxic amounts.

the PAB has legal authority to issue ex parte orders to suspend the operations of an establishment when there is prima facie evidence that such establishment is discharging effluents or wastewater. or the DENR. 8749. 7(a). despite the existence of an order for closure. and 4) Irreparable or grave damage to the environment as a consequence of any violation of the provisions of the Act. Ex parte cease and desist orders are permitted by law and regulations precisely because stopping the continuous discharge of pollutants and untreated effluents into the rivers and other inland waters of the Philippines cannot be made to wait until protracted litigation over the ultimate correctness or propriety of such orders has run its full course. including multiple and sequential appeals which take several years. health.494 Industrial establishments are not constitutionally entitled to reduce their capitals costs and operating expenses and to increase their profits by imposing upon the public threats and risks to its safety. The relevant pollution control statute and implementing regulations were enacted and promulgated in the exercise of that persuasive. GR No. Proper Remedy from PAB Decision is Appeal to the Court of Appeals Where the establishment affected by an ex parte cease and desist order contests the correctness of the prima facie findings of the Board. 984. as well as the protection of plant and animal life. the Board must hold a public hearing where such establishment would have an opportunity to controvert the basis of such ex parte order. through the exercise of police power. commonly designated as the police power. Act No. the pollution level of which exceeds the maximum permissible standards set by the Board.495 7. That such an opportunity is subsequently available is all that is required by the due 493 494 Rep. the EMB. It is a constitutional common place that the ordinary requirements of procedural due process yield to the necessities of protecting vital public interests like those here involved. Sec. 93891. March 11. and comfort. Pollution Adjudication Board v. sovereign power to protect the safety.493 6. health. Power to Issue Ex Parte Cease and Desist Orders Under Pres. Court of Appeals.ENVIRONMENTAL LAW AND PROCEDURAL RULES operation. 195 SCRA 112. by disregarding the requirements of anti-pollution statutes and their implementing regulations. 495 Id. Decree No. K-113 . general welfare. 48. discontinuance or cessation of operation. and general welfare and comfort of the public. Sec. 1991.

Act No.R. No. and (c) test any discharge or emission. 7 (c). or other facilities at any time to question any employee or investigate any fact. 38. 7942) to issue orders summarily suspending mining or quarrying operations in cases of violation of pollution laws does not repeal the power of the PAB over cases of mining pollution. Sec. the DENR has the right to enter the premises of any generator. Sec. Appeal shall not stay the execution of any order or decision of the Board. condition or matter which may be necessary to determine any violation. 335 SCRA 386. 498 Republic v. monitoring equipment or method required. in accordance with Sec. While the mines regional director has express administrative and regulatory powers over mining operations and installations.499 Under the Solid Waste Management Act (RA 9003). recycler or manufacturer. control device. it has no adjudicative powers over complaints for violation of pollution control statutes and regulations.497 8.498 B.ENVIRONMENTAL LAW AND PROCEDURAL RULES process clause of the Constitution. 984). The Board's decision rendered after the public hearing may then be tested judicially by an appeal to the Court of Appeals. July 10. 9003). 500 Solid Waste Management Act (Rep. G. unless otherwise ordered by the Court of Appeals or the Supreme Court. (b) inspect any pollution or waste source. Clean Air Act. 9.496 Any decision of the Board involving only questions of law shall be appealed to the Supreme Court. Decree No. 42 of the Implementing Rules and Regulations.500 496 497 Id. the DENR may: (a) enter any premises or to have access to documents and relevant materials. 137174. K-114 . Solid Waste Management Act. Decree No. Sec. 7(c) of Pres. Marcopper Mining Corporation. Act No. PAB Retains Jurisdiction over Mining Pollution The power granted to the mines regional director under the Philippine Mining Act (Rep. 499 Clean Water Act. Sec. Sec. National Pollution Control Decree (Pres. 2000. 9. 984 and Sec. DENR Authority to Enter Premises The DENR may require any person who owns or operates any pollution source to submit reports and other written information. or which may aid in the effective enforcement of the Act and its implementing rules and regulations. For this purpose. 23.

and procedures institutionalized for the purpose of assessing the significance of the effects 501 502 Clean Water Act (Rep. as a specialized administrative agency. 504 Pres.503 3. 28. supra note 105. 979) and its implementing rules and regulations. Sec. Rule LI.504 D." In the exercise of its powers under its charter as a regulatory and quasi-judicial body with respect to pollution cases in the Laguna Lake region.501 The LLDA. 503 Clean Air Act Implementing Rules and Regulations. Sec. deterioration and pollution in the Laguna Lake area and the surrounding provinces of Rizal and Laguna and the cities of San Pablo. Act No. Laguna Lake Development Authority v. Definition The entire process of organization. Act No. administration. 4850. Act No. Environmental Impact Statement System 1. Water pollution cases involving acts or omissions committed within the Laguna Lake Region shall be dealt with in accordance with the procedure under Rep. Coast Guard The Philippine Coast Guard has the primary responsibility of enforcing the laws.ENVIRONMENTAL LAW AND PROCEDURAL RULES C. it exercises joint responsibility and coordinates with the Pollution Adjudication Board in the enforcement of the provisions of the Marine Pollution Decree (Pres. Decree No. 9275). Quezon and Caloocan. Laguna Lake Development Authority As a general rule. The LLDA is authorized to "make. the adjudication of pollution cases generally pertains to the Pollution Adjudication Board (PAB). rules and regulations governing marine pollution. K-115 . Pasay. 6.502 2. alter or modify orders requiring the discontinuance of pollution. the LLDA has the authority to issue a "cease and desist order". However. is specifically mandated under Rep. except in cases where the special law provides for another forum. 979. 4850 and its amendatory laws to prevent undue ecological disturbances. Traffic Adjudication Service The Traffic Adjudication Service of the Land Transportation Office has jurisdiction over actions for any violation of any of the motor vehicle pollution control laws under the Clean Air Act. Jurisdiction of other Agencies in Pollution Cases 1. Court of Appeals. Decree No. Manila.

3(n).505 The EIS System covers Environmentally Critical Projects and projects or activities located in Environmentally Critical Areas.506 2. supra note 54. DAO 505 506 DENR Department Administrative Order No. K-116 . 96-37. the officer has acted without jurisdiction or has exceeded his jurisdiction. Initial Environmental Examination. Not Judicial. when appropriate. Sec. and socio-economic environment. an ECC applicant for a project located within an environmentally critical area is required to submit an Initial Environment Examination. To justify non-exhaustion of administrative remedies due to the patent illegality of the ECC.507 3. Lanzanas. Official’s Act of Granting ECC must be Devoid of any Color of Authority to Allow Cancellation through Judicial Action without Exhausting Administrative Remedies While such documents are part of the submissions required from a project proponent. and enhancement measures. when manifestly. Id. Proceedings The fact that an ECC is subject to cancellation for non-compliance with its conditions does not justify ignoring the procedure prescribed in DAO 96-37 on appeals from the decision of the DENR Executive Director. 508 Id. or when his act is clearly and obviously devoid of any color of authority. the public officer must have issued the ECC "[without any] semblance of compliance. As part of the description of the environmental setting. ECC Subject to Cancellation for Non-Compliance through Administrative. which must contain a brief description of the environmental setting and a documentation of the consultative process undertaken. Requisites Under DENR DAO 96-37. their mere absence does not render the issuance of the ECC patently illegal. DAO 96-37.ENVIRONMENTAL LAW AND PROCEDURAL RULES of any project or undertaking on the quality of the physical.. with the pertinent laws. or has committed a grave abuse of discretion. the ECC applicant must submit a certificate of locational clearance or zoning certificate. 507 Bangus Fisherfolk v. No project or activity covered under the EIS System can proceed without undergoing an environmental impact assessment and submitting an Environmental Impact Statement (EIS) or an Initial Environmental Examination (IEE) and acquiring an Environmental Compliance Certificate (ECC) from the DENR. biological." 508 4. or even an attempt to comply. mitigating. and designing appropriate preventive.

including projects operating without an ECC or violating the conditions of the ECC. 2) monitor compliance with the Environmental Management Plan (EMP) and applicable laws. complaints to nullify an ECC must undergo an administrative investigation. rules and regulations. Specifically.509 5. This is the applicable procedure on complaints of alleged violations. K-117 . the PENRO is likewise tasked to monitor the project proponent’s compliance with the conditions stipulated in the ECC. 2) Comment on the project description. The primary purpose of compliance monitoring is to ensure the judicious implementation of sound and standard environmental quality during the development stage of a particular project. who will then render his decision. with support from the DENR regional office and the Environmental Management Bureau. and 3) provide a basis for timely decision-making and effective planning and management of environmental measures through the monitoring of actual project impacts vis-à-vis predicted impacts in the EIS. who has authority to issue cease and desist orders. In addition. it aims to: 1) monitor project compliance with the conditions set in the ECC. Under Article IX of DAO 96-37. The aggrieved party may file an appeal to the DENR Secretary. Article IX also classifies the types of violations covered under DAO 96-37. determine if the project fall within the Environmental Impact Statement (EIS) System and submit the same to the regional office. Duties of PENRO The Provincial Environment and Natural Resources Officer (PENRO) of the DENR is mandated to: 1) Conduct surveillance and inspection of pollution sources and control facilities and undertake/initiate measures relative to pollution-related complaints of the general public for appropriate referral to the regional office.ENVIRONMENTAL LAW AND PROCEDURAL RULES 96-37 provides for a separate administrative proceeding to address complaints for the cancellation of an ECC. after which the hearing officer will submit his report to the EMB Director or the Regional Executive Director. and 3) Implement programs and projects related to environmental management within the PENRO. 509 Id. not the filing of a case in the trial courts.

Administrative liability could not be based on the fact that petitioner was the person who signed and approved the ECC.R. FFIB-Ombudsman. Series of 1992. omissions of duty. G. 2002. as mandated in DAO No. recreational facilities. whether housing projects. or scientific undertakings. monitoring is defined in DAO No.510 6. January 30. Regional Executive Director (RED) not bound to Monitor Environmental Projects The applicable administrative orders provide that the function of monitoring environmental programs. or misfeasance of his subordinates. 375 SCRA 320. March 23. negligence.512 510 511 Balicas v. This is the function of the PENR and CENR offices. Other Jurisprudence 1. industrial sites. K-118 . FFIB-Ombudsman. Furthermore. as the activity designed to gauge the level of compliance with the conditions stipulated in the Environmental Compliance Certificate (ECC). 512 Metropolitan Manila Development Authority v. 145972. G. GR No. 147465. administrative liability could not be based on the principle of command responsibility. projects and activities in the regions is lodged with the Regional Technical Director of the DENR. 2004. No. The principles governing public officers under the Revised Administrative Code of 1987 clearly provide that a head of a department or a superior officer shall not be civilly liable for the wrongful acts. Incineration not banned Under Clean Air Act Section 20 of the Clean Air Act does not absolutely prohibit incineration as a mode of waste disposal. This general monitoring duty is applicable to all types of physical developments that may adversely impact on the environment. unless he has actually authorized by written order the specific act or misconduct complained of. not with the Regional Executive Director. 37. The negligence of subordinates is not tantamount to the superior’s own negligence.511 E. Principe v. 145973. No. 21. the monitoring duties of the PENRO mainly deal with broad environmental concerns. Jancom. 2002. Series of 1996. January 23. 374 SCRA 460. and in the Environmental Impact Statement (EIS) submitted. In the absence of substantial evidence of gross neglect.ENVIRONMENTAL LAW AND PROCEDURAL RULES Based on the foregoing. 426 SCRA 194.R. particularly pollution abatement. rather only those burning processes which emit poisonous and toxic fumes are banned. without proof of actual act or omission constituting neglect of duty.

514 Air Philippines v. Sec.R. 129546. 2007. and data on emission or discharge into the environment cannot be used to divulge trade secrets. 172835.514 513 Province of Rizal v. 6969 Section 12 of the Toxic Substances and Hazardous and Nuclear Wastes Control Act of 1990. groundwater reservoirs or watershed areas. specifically that the site selected must be consistent with the overall land use plan of the local government unit. Establishment of Landfills Requires Consultation Section 2 (c) of the Local Government Code requiring consultations with the appropriate local government units applies to national government projects affecting the environmental or ecological balance of the particular community implementing the project. December 13. Trade Secrets Maintained under Republic Act No. processor or distributor. Under the Solid Waste Management Act (Rep. December 13. two requisites must be met before a national project that affects the environmental and ecological balance of local communities can be implemented: prior consultation with the affected local communities. No. processor or distributor. G. Act No. those that would divulge trade secrets.513 3. which grants the public access to records. 2005. and prior approval of the project by the appropriate sanggunian. The right to confidentiality is recognized by said Act as primordial. GR No. 12 deems as confidential matters. Pennswell. processor or distributor. production or processes unique to such manufacturer. and that the site must be located in an area where the landfill’s operation will not detrimentally affect environmentally sensitive resources. the clear import of the law is that said authority is limited by the right to confidentiality of the manufacturer. which may not be made public. reports or information concerning chemical substances and mixtures. Absent either of these mandatory requirements. or would otherwise tend to affect adversely the competitive position of such manufacturer. which information may be released only to a medical research or scientific institution where the information is needed for the purpose of medical diagnosis or treatment of a person exposed to the chemical substance or mixture. Executive Secretary. Under the Local Government Code. 477 SCRA 436. 540 SCRA 215. the project’s implementation is illegal. K-119 . landfills must also comply with the minimum requirements laid down in Sec.ENVIRONMENTAL LAW AND PROCEDURAL RULES 2. such as a landfill. 40 thereof. 9003). including safety data submitted. While the DENR may release information. including production or sales figures or methods. such as aquifers.

517 Id. tools and implements are those used in the possession. disposing of. or otherwise transporting.ENVIRONMENTAL LAW AND PROCEDURAL RULES APPENDIX A PROCEDURE IN ADMINISTRATIVE SEIZURE AND CONFISCATION UNDER PRESIDENTIAL DECREE NO. Confiscation is the official act declaring the seized items as property of the Government upon determination of guilt in administrative proceedings. whether motorized or not. machinery. (c) with genuine authorizations or permits and/or supporting documentation that have an expired validity. water. 705 (DENR DAO 97-32) DENR Department Administrative Order (DAO) 97-32 (“Rules for the Administrative Adjudication of Illegal Forest Products and the Machinery. Machinery. October 10. 2 (a).517 and conveyances. with probable cause. Sec. processing and/or transporting of illegal forest products. 2 (b). or any combination thereof. 518 Id. Conveyance is any mode or type or class of vehicle or craft or any other means used for transportation either on land.515 Items subject to confiscation include illegal forest products.. tools. and pending formal administrative proceedings for disposition. K-120 515 . and conveyances. Illegal forest products are those that are removed. Original documents shall be required at all times to actually accompany any forest products being moved or transported to any place and for any purpose. equipment. have been cancelled or that contain forged entries. Equipment. such absence constitutes a violation covered by the rules on administrative seizure and confiscation. Seizure is the official act of taking the forest products and other items into government custody upon determination that the apprehension is supported by a prima facie case against the offender. or (d) with spurious (fake) authorizations. permits and/or supporting documentation. tools and implements. 1997. 518 Department Administrative Order (DAO) 97-32 (“Rules for the Administrative Adjudication of Illegal Forest Products and the Machinery. processing. collected. used for or in taking and/or maintaining temporary or permanent possession or control. Whenever the requisite authorization and/or supporting documentation are required to but do not actually accompany the forest products. Tools and Conveyances Used in Connection Therewith”) provides guidelines in the exercise of the power of the DENR in administrative seizure and confiscation. moving or transferring illegal forest products.. Equipment. cut. equipment. 2 (c). collecting. or (b) with incomplete required supporting document. 516 DAO 97-32. air. Apprehension is the act of finding or intercepting. over illegal forest products. equipment.516 machinery.. Sec. collecting. processed and/or transported: (a) without the requisite authorization or permit. Tools and Conveyances Used in Connection Therewith”). Forfeiture is the judicial act of disposing seized items in favor of the government when said items are surrendered by the DENR to the custody of the courts by virtue of criminal proceedings against the offender. Sec. gathering. implements. gathering. and thereafter taking temporary possession and control.

in his absence. other government officials and private citizens duly deputized by the DENR Secretary or his duly authorized representative). and (d) Private citizens as provided by law. Seizure Officers The administrative seizure of illegal forest products takes effect when. Sec. any DENR Regional Technical Director (RTD) actually assigned to the area of apprehension at the time thereof. 3 (1). any Senior Forest Management Specialist (SFMS) or Senior Environmental Management Specialist (SEMS) actually assigned to the area of apprehension at the time thereof. (b) The Provincial Environment and Natural Resources Officer (PENRO) or. 3 (2).ENVIRONMENTAL LAW AND PROCEDURAL RULES 1. any DENR Officer designated as a Seizure Officer actually takes delivery from an apprehending officer and thereby assumes possession/control of item(s) apprehended pursuant hereto. Only the following are designated Seizure Officers with authority to effect the administrative seizure of items mentioned above within their respective areas of operation: (a) The DENR Regional Executive Director (RED) or..520 519 520 Id.. Sec. any DENR Officer with the rank of Forester III or Land Management Officer III (LMO III) actually assigned to the area of apprehension at the time thereof. (b) Deputies (i. in his absence.e. in his absence. Apprehending Officers The following are authorized to apprehend the above items: (a) Forest Officers. (c) Members of law enforcement agencies. and (c) The Community Environment and Natural Resources Officer (CENRO) or. K-121 .. for the purpose of holding the same in custodia legis.519 2. id.

and accompanying documentation are verified to be in order. permits. In the absence of an official DENR seal. He shall exhibit his DENR Identification Card.. state the fact of inspection. the apprehending officer shall immediately: (a) verbally inform the person(s) apprehended of his findings and announce that he is making an apprehension in accordance with DAO 97-32. Apprehension Upon inspection or interception of the items or upon the discovery of such items that are abandoned. OCULAR INSPECTION AND IMMEDIATE RELEASE . 4 and 5. and official designation. 3. ON-SITE RECORD OF VIOLATIONS — Should inspection pursuant to the preceding paragraph indicate a violation of forestry laws. or performing or 521 Id. the release of all items inspected must be effected immediately. the official DENR seal of inspection/verification must be rubber-stamped or otherwise affixed on the face of all transport documents inspected in connection herewith. the apprehending officer/individual/leader of the apprehending team (hereafter referred to as the apprehending officer) shall establish his authority by identifying himself to any person witnessing the activity by stating his full name. a duly issued identification card. he shall write the date. addresses and other available data of all persons found in possession. rules and regulations. and the probable cause for an apprehension is present. claimant. exercising control and/or supervision over. if not. Secs. the apprehending officer shall observe the following procedure”521 1.Upon encountering a possible violation of forestry laws. ON SITE DETERMINATION OF PROBABLE CAUSE . 2. (b) prepare a written on-site record of the names. K-122 . He will invoke DAO 97-32 and announce the commencement of a verification procedure. In such cases.He will conduct an ocular inspection of all required authorizations. rules and regulations. if he is a DENR official or personnel. and the release. rank. After which he shall affix his signature above his full printed name in the official log book for the matter. and the probable cause for an apprehension is absent. He shall then verify the existence of probable cause for an apprehension as outlined below. custodian or other interested party is absent or cannot be determined.ENVIRONMENTAL LAW AND PROCEDURAL RULES 3. or whose owner. If all requisite authorizations.

ENVIRONMENTAL LAW AND PROCEDURAL RULES

otherwise involved in the possession, supervision, control, cutting, gathering, processing, and/or transporting the item(s); and (c) if any there be, he shall write an itemized list of all on-site machinery, equipment, tools, and implements used in the commission of or otherwise connected with the offense. He shall then indicate the date and sign the on-site record, and request the offender(s) to sign the same above their printed names. In case of refusal to sign as herein required, that fact or circumstances and reason, if any, of such refusal shall be written thereon in their presence, as proof of such action. 4. ON SITE DETERMINATION OF FRAUDULENT MISREPRESENTATION PREJUDICIAL TO THE GOVERNMENT Intent to defraud the Government shall be presumed: (a) In case the quantity or volume of a shipment or stock of forest products exceeds what is authorized, documented, manifested or declared: (i) by five percent (5%) or more, in case of timber, and/or (ii) by two percent (2%) or more, in case of lumber; and/or (b) Upon discovery of a misdeclaration on the quantity and species being verified pursuant hereto. In all such cases, the entire shipment shall be considered illegal due to fraudulent misrepresentation with intent to prejudice the government. Such shipments shall be apprehended/seized, and subject to confiscation or forfeiture proceedings. The apprehending officer or individual shall effect the apprehension and proceed in accordance with DAO 97-32, even if the requisite authorizations and supporting documents for all or parts of said shipment are verified to be otherwise in order. 5. ON-SITE CONVEYANCE CHECK — In case the violation noted involves the use of a conveyance, the seizing officer will announce the apprehension thereof. Should the conveyance require government registration, he will require the presentation thereof and will inspect (a) the Certificate of Registration; (b) the Official Receipt; and (c) the Driver's License or similar authorization. Said documents shall be returned to the holder thereof upon notation of his identity and address, as well as of the name and address of the owner of the conveyance, its license plate number or other identifying marks or information.

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ENVIRONMENTAL LAW AND PROCEDURAL RULES

6. ON-SITE-REPORT - In addition to the foregoing, the following information, if available, shall be recorded on-site upon apprehension, (1) time, date, and place of apprehension; (2) full name and address of the offender(s) on-site; (3) full names of all persons accompanying or providing on-site assistance to the apprehending officer or individual; (4) circumstances that led to the apprehension (e.g., discovery of abandoned items, spot check by monitoring team, verification of absent, lacking, forged or spurious documentation, etc.); (5) names of local government officials present and/or of other person(s) witnessing the apprehension; (6) preliminary description of the item(s) being apprehended; (7) place, time and date of origin and intended destination, consignors and consignees of the items being apprehended; and (8) such other data or information and comments, observations and recommendations as may be available or pertinent on-site. 7. APPREHENSION RECEIPT - Upon completion of the foregoing procedure and finding the existence of probable cause to make an apprehension, the apprehending officer shall issue and hand-over to the offender an Apprehension Receipt, which shall contain the following: (a) the precise nature of the offense cited; (b) the time, date, and place of issuance of the Apprehension Receipt; and (c) the full names in print and signatures of both the apprehending officer and of the offender(s). Should the offender(s) refuse to sign or acknowledge in writing his receipt of the Apprehension Receipt, or refuse to take delivery thereof, such fact shall also be stated in writing on the Apprehension Receipt. 8. PROVISIONAL APPREHENSION RECEIPT - Should the counting, measurement, description, scaling, weighing, and/or value-estimation of the items being apprehended, and/or of any other documentation activity related thereto, remain incomplete at the close of regular office hours of the day when the apprehension was made, the fact that more time is required to complete the same shall be explained to those concerned on-site and reflected in the Apprehension Receipt which, in such cases, shall state the date and time this procedure commenced. In such, cases the Apprehension Receipt shall be prominently marked with the word “provisional”. The Provisional Apprehension Receipt shall also state the date, time, and place where the uncompleted documentation activity will resume. This procedure shall be followed each day that the documentation activity remains incomplete until final completion thereof. 9. TRANSPARENCY OF APPREHENSION PROCEEDINGS - The documentation activity outlined above shall be undertaken with full

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ENVIRONMENTAL LAW AND PROCEDURAL RULES

transparency and in the presence of the offender(s), owner, custodian, possessor, consignor, consignee, or other person(s) claiming the apprehended items or representatives of any of said persons, as well as any other concerned or interested persons. If the documentation activity is undertaken in the absence of anyone interested therein, such fact shall be stated on both the on-site report and apprehension receipt with an explanation, if any. Moreover, the apprehending officer shall immediately implement such measures to ensure that any persons known to have an interest in the apprehended item(s), but who are absent, are informed without delay of the fact of, and reasons(s) for, the apprehension, as well as invite said person(s) to attend the proceedings, stating the date, time, and date when the documentation activity will resume.

4. Seizure The following procedure shall be complied with in the summary administrative seizure of items:522 1. DELIVERY - As soon as possible, after items are apprehended as outlined above, the same shall be delivered by the apprehending officer to the nearest Seizure Officer who shall forthwith sign and issue a Seizure Receipt stating the date, place and time, name of apprehending officer, and containing an itemized list of the item(s) delivered to him. In case such delivery of any apprehended item(s) is impracticable, the apprehending officer shall deposit the same for temporary safekeeping at the nearest Government office. Should such temporary safekeeping be impracticable for any reason, the apprehended item(s) shall remain in the custody of the apprehending officer until delivery thereof is effected as herein provided. 2. SUMMARY ADMINISTRATIVE SEIZURE - Upon delivery to those authorized, the Seizure Officer concerned shall forthwith verify the existence of a prima facie case against the offender by examining all the documents submitted to him by the apprehending officer, as required by the foregoing provisions. He shall confirm that the item(s) delivered to him strictly coincide with the itemized list thereof reflected in the documents of apprehension. If such confirmation cannot be completed within the same day, the procedure for extensions previously outlined shall apply. In case of variance between the items so delivered and
522

Id., Sec. 6. K-125

5. summary hearing at a specified place and date within one (1) calendar week from the date of the Seizure Order or.ENVIRONMENTAL LAW AND PROCEDURAL RULES those reflected in the documents of apprehension. upon acknowledging that the said conveyance has been used in violation of existing forestry laws. K-126 . he shall require a sworn statement from the apprehending officer with a complete. In no case shall the hearing so scheduled be postponed without the written request of the offender(s) and/or the owner or other person(s) interested in the seized item(s). the Seizure Officer shall immediately declare this fact by issuing a Seizure Order for the apprehended item(s). the following shall be followed in the summary seizure proceedings. that the evidence at hand indicates the offender is probably guilty thereof. which shall be recorded and of summary nature. NOTICE OF HEARING — A Notice of Hearing shall be issued by the DENR Officer who issued the Seizure Order scheduling a formal.. Ample opportunity to obtain the services of 523 Id. In verifying the existence of a prima facie case against the offender. 2. within two (2) calendar weeks from said date. HEARING -The DENR Officer who issued the Seizure Order shall preside as the Hearing Officer at the confiscation hearings. 1. 7.523 Immediately upon. the appropriate DENR Officer shall personally examine the apprehending officer and any witnesses appearing before him in order to satisfy himself that an offense has been committed. after issuance of a Seizure Order. In case the apprehended conveyance involved is a government vehicle. the procedure above shall be followed and the vehicle shall be immediately released to the highest regional official of the office which owns the same. during which all interested parties shall be heard by themselves and/or through counsel of choice. Should a prima facie case against the offender be thus found. upon written request and signature of all interested parties. Confiscation The following procedure shall be complied with for the summary administrative confiscation of items. or as soon as practicable. and that the items delivered to him are the proceeds of the violation. clear and concise explanation for said variation. rules and regulations. Sec. which shall form an integral part of the permanent records of the case.

A complete set of the documents supporting the apprehension and seizure as hereinabove outlined shall be provided to the interested parties at their expense. the Rules of Court shall have suppletory application to ensure justice and equity at all times. DISPUTABLE PRESUMPTIONS . together with the Decision issued thereon. and who shall be afforded the opportunity to present controverting evidence. DECISION — The Decision shall be rendered by the RED upon recommendation of the Hearing Officer. citing the evidence adduced and reasons supporting the ruling. A transcript of stenographic notes or minutes taken at these proceedings shall form part of the permanent records of the case. and (c) Any forest products were obtained from an illegal source. a ruling shall be issued declaring the seized items to be confiscated in favor of the Government. unless specifically controverted and successfully overcome by a preponderance of evidence. When the evidence so warrants. the following shall be considered presumptions of fact and/or law and taken as part of the evidence. 3. be provided. any Party may elect to submit a Memorandum. (b) The registered owner and/or operator/driver of a conveyance used in the commission of the offense had full knowledge and willingly participated therein by providing the conveyance for the illegal purpose to which said conveyance was applied. and ordering that the seized item(s) be returned forthwith.ENVIRONMENTAL LAW AND PROCEDURAL RULES counsel shall. if any. 4. which shall in all cases be stated on the record. and the controversy deemed closed. together with recommendations for further prosecution. the partners and/or officers thereof had full knowledge of and granted authorization or issued instructions for the use or application of the conveyance in the commission of the offense. In case the registered owner of the conveyance is a partnership or corporation. with a request that the issues be decided on the basis thereof.In administrative proceedings conducted pursuant hereto. failing which. Substantial evidence shall suffice to sustain an administrative Decision adverse to interested Party(ies). In lieu of adducing testimonial evidence. attaching Affidavits and any other supporting documents thereto. a ruling shall be issued dismissing the case. The Decision shall become final and executory upon the lapse of fifteen (15) regular K-127 . (a) All those apprehended on-site for direct or indirect participation in the commission of the offense(s) cited had full knowledge of and willingly participated therein. confiscation proceedings shall be terminated within fifteen (15) regular business days from commencement thereof. Although not strictly bound by the technical rules on evidence and procedure. In the absence of compelling reasons. in all cases.

which shall contain a concise statement of all the issues of fact and law raised on appeal. EXECUTIVE DECISION — When a Decision becomes final and executory upon the lapse of the reglementary periods herein prescribed. stating the grounds therefor.Within a non-extendible period of fifteen (15) calendar days from receipt of the ruling upon a Motion for Reconsideration. pursuant to Executive Order No.ENVIRONMENTAL LAW AND PROCEDURAL RULES business days. the same shall become final and executory. appeal said Decision to the Office of the President of the Philippines. failing which. DECISION OF THE DENR SECRETARY -A Party aggrieved by the decision rendered by the Secretary may. within the same period. issue a Certification to that effect for submission to the Secretary. 5. Unless a Notice of Appeal is filed by a Party with the Hearing Officer within a non-extendible period of fifteen (15) calendar days from receipt of a Notice of Appeal. The K-128 . unless a Motion for Reconsideration is filed as provided below. confiscated items shall become permanent property of the Government and entered into the books as such and disposed of in accordance with law. may file an Appeal with the Office of the Secretary. within fifteen (15) days from receipt thereof. 6. the Undersecretary for Legal and Legislative Affairs shall. containing a concise statement of the grounds relied upon for the purpose.A party aggrieved by the decision may file only one (1) Motion for Reconsideration within a non-extendible period of fifteen (15) calendar days from receipt of the Decision. MOTION FOR RECONSIDERATION . the Hearing Officer shall transmit the complete records of the case to the Office of the Secretary for appropriate action. who shall submit his recommendations to the Secretary within a period of fifteen (15) regular working days. file but one (1) Motion for Reconsideration. 19. The Hearing Officer shall issue a ruling on such Motion within fifteen (15) days from receipt thereof. after paying the corresponding Appeal Fee. Upon receipt thereof. 7. a Party. together with a recommendation for execution of the Decision. However. the aggrieved Party may. Series of 1996. APPEAL . 8. TERMINATION OF CASE — Upon approval by the Secretary issued pursuant to the preceding paragraph. the Appeal shall be forwarded to the Undersecretary for Legal and Legislative Affairs. motu proprio or upon Motion by any Party. 9. The Certification shall cite the item(s) confiscated in accordance herewith (if any).

from the date thereof. The Hearing Officer shall state this fact in the records and certify that publication of Notice of Hearing had been effected in compliance herewith.ENVIRONMENTAL LAW AND PROCEDURAL RULES Secretary's approval shall be attached to and shall form part of the permanent records of the cases. 6. For this purpose. claimant or other interested Party fail to appear at the Proceedings. date. Summary Seizure/Confiscation Proceedings shall be conducted by the Hearing Officer designated. 1. 3. In lieu of service of the Apprehension Receipt. is considered. terminated and closed. and place of the apprehension. 2. photographs of the apprehension site and the item(s) seized shall be taken and shall form a permanent part of the records of the case. in at least three (3) public places. or cannot otherwise be found. full printed name. such failure shall be deemed a waiver of the right to appear and of any/all rights to the items apprehended in favor of the Government. thereupon. The On-site Record of Violations. (b) the Bulletin Board of the DENR Offices where the Proceedings will be conducted. or when the owner. a complete. The items shall forthwith be apprehended. which. Abandoned Forest Products The following procedures apply in cases where illegal forest products and other items are abandoned. a summary statement of the violation(s) cited. posted or tacked into the nearest tree. but not limited to: (a) the Barangay Hall of the apprehension site. cannot be determined. the Notice of Hearing shall be posted at least three (3) times. designation and signature of the apprehending officer. custodian or other interested Party(ies) is unknown. he shall forthwith issue his Decision based on the K-129 . and (c) at the Municipal Hall of the apprehension site. time. the notice shall contain the date. claimant. the apprehending officer shall identify. and of the full printed name and office address of the seizure officer to whom said items will be submitted. Whenever practicable. and write his full printed name and affix his signature at the back of each photograph so taken. itemized list of the item(s) apprehended. On-site Report and Apprehension Receipt shall be prepared as mandated hereby. Should the owner. wall or other similar permanent structure. caption. once a every week for three (3) consecutive weeks. a notice of the apprehension shall be left by the apprehending officer on-site. In this connection. including. In such cases.

7. and (e) an unconditional undertaking to return possession of the conveyance to the DENR as may be required for the final disposition of the case. Sec. DENR CONFIRMATION . unless ordered in the final decision of said case or by other competent authority. 524 Id. but not limited to: personal mode of transportation. (b) declaring that he has not previously been held administratively or criminally liable for violation of forestry laws: (c) describing the precise lawful uses(s) to which the conveyance shall/may be applied during the pendency of the case. SWORN STATEMENT AND UNDERTAKING — Submission by the Applicant of a Sworn Statement: (a) declaring the precise nature of his claim thereon. and should available evidence establish to the satisfaction of the Hearing Officer that the conveyance may be used for lawful purposes. (d) stating the replacement cost of the conveyance at the time the application is filed. such as. possession of which shall not be released.Written confirmation in the records of the case is entered by the Hearing Officer declaring under oath: (a) that the official registration papers and supporting documents thereof are secured and made an integral part of the records of the case. K-130 . A Motion for Reconsideration and/or Appeal may be taken by any interested Party. cargo hauling. (c) the Applicant has not previously been held administratively or criminally liable for violation of forestry laws. and (b) that the Applicant was not among those who were apprehended and is not a respondent in the case by virtue of which the conveyance is being detained pendente lite. rules and regulations. or other similar legal use. any time thereafter pending final disposition of the administrative case. 9.. 2. temporary release thereof to the owner or claimant or other interested Party may be applied for. commercial passenger transport. Temporary Release of Conveyances When a conveyance is apprehended. and release thereof to the Applicant pendente lite may be granted by the Hearing Officer. and that (d) available evidence does not in any way indicate the complicity of the Applicant in the offense cited in the confiscation proceedings. upon compliance with the following requirements:524 1.ENVIRONMENTAL LAW AND PROCEDURAL RULES evidence at hand.

A cash bond in favor of the DENR must be filed by the Applicant with the nearest DENR Regional. or in case of failure to comply with any representations or undertakings made in connection therewith.ENVIRONMENTAL LAW AND PROCEDURAL RULES 3. the bond shall be called and forfeited in favor of the Government. RETURN/CANCELLATION OF BOND — When the Decision in a case becomes final and executory as outlined above. Provincial or Community Office. POSTING OF BOND — Upon approval of an Application for Temporary Release of Conveyance. together with an order for the cancellation of the surety bond or return of the cash bond submitted as hereinabove required. the conveyance shall be ordered recalled by the Hearing Officer and the same shall forthwith be returned by the Applicant to the DENR. Unless expressly mandated in the body of the Decision of the case. the Applicant shall post a cash or surety bond to guarantee the prompt return of the conveyance to the DENR as may be required pursuant hereto. immediate return thereof to the owner and cancellation/return of the bond filed in connection therewith shall be ordered. The bond shall be equivalent to one-hundredtwenty-five percent (125%) of the replacement cost of the conveyance at the time the bond is submitted. and administrative confiscation of the conveyance is not ordered by the Government. the Hearing Officer shall forthwith issue an Order citing said Decision. mandating the immediate release of the conveyance to the Owner thereof. Original documents evidencing the posting of the bond shall be submitted to the Hearing Officer and form part of the records of the case. 4. RECALL OF CONVEYANCE — In case of misrepresentation in the Application for Temporary Release of Conveyance and/or any documents submitted in connection with or support thereof. In case of failure to return the conveyance in compliance with a directive issued in the administrative case. surety bonds in favor of the DENR must be from the GSIS or other government surety. 5. In no case shall a personal or private bond or guarantee or recognizance be admitted for this purpose. a copy of which shall thereto be attached. and as a precondition to the actual pendente lite release thereof. K-131 .

English and local names.528 525 526 FAO No.. These should be frozen or packed in ice then submitted to the nearest Fish Examiner specially trained to examine fish caught by explosives or to any municipal health offices or crime/hospital laboratory for examination..527 If the examination shows that the samples were caught by blast fishing. 206. the same shall be preserved for evidence. Sec. 2001) Fishery Administrative Order (FAO) No. 528 Id. The captain or in charge of the boat. an affidavit to this effect shall be prepared by the apprehending officer.ENVIRONMENTAL LAW AND PROCEDURAL RULES APPENDIX B SEIZURE OF FISH CATCH (DA-BFAR FAO 206. if in the marketplace or elsewhere shall be required to countersign the labeled evidence. 2001. marketplace or elsewhere. Series of 2001 on “Disposal of Confiscated Fish and Other Items in Fishing Through Explosives and Noxious or Poisonous Substances” lays down the procedure in the seizure of fish caught illegally through explosives and noxious or poisonous substances. with the same promissory note of repayment in case of acquittal of the accused. or vendor or possessor of the fish. he shall take adequate samples thereof. the fish shall not be allowed to be unloaded from the boat or sold if in the marketplace. whenever and whichever applicable. The ideal number of fish samples is three to five (3-5) pieces for big-sized fish or ten to twenty (10-20) pieces for small fish or fingerlings. 206. S. Pending the result of the examination.. attested by two witnesses. 1 (b). a fish warden deputized by the DA-BFAR or a BFAR Law Enforcement Officer seizes without warrant fish suspected to have been caught by means of explosives in a fishing boat. 1 (c). which shall immediately be examined for determination whether or not the same have been caught by means of explosives. Those willing to accept the dynamited fish still safe to eat shall execute promissory notes of their willingness to return the value of the fish in case of acquittal of the accused in court. In case such charitable institutions demur. The preserved samples shall be properly labeled and the species identified in its scientific. the apprehending officer shall confiscate the fish haul for distribution to charitable institutions. 1 (a).525 Samples taken for examination shall at least be 100 grams in weight. s. Sec. K-132 . Id.526 If the examination shows that the fish sample is positive for blast fishing. 3 (a). Whenever the Director of Fisheries and Aquatic Resources. the same may be given to penal institutions instead. 527 id. Sec. Sec. In case of refusal.

It may be applied as well in the disposition of confiscated fish and impounded items 529 530 Id. Sec. The same or any part or portion thereof should not be distributed to charitable and penal institutions as the safety of those who will consume the same cannot be assured.. Formalin must not be used at this stage. The samples must be brought to the BFAR Laboratory or any government crime/hospital laboratory for examination the soonest possible time. at least 100 grams of fish.529 If positive for cyanide or other noxious substances. ethyl alcohol or absolute alcohol may be used.531 Fishery Administrative Order No. Series of 2001 may be applied by fish wardens deputized by the local governments and by other law enforcement officers. and representatives from the Office of the Prosecutor (Department of Justice) or the Philippine National Police (PNP). its make and description. as well as the explosives. exhibit on outward manifestation to that effect visible to the naked eye. noxious or poisonous substances. this fact shall be manifested in an affidavit attested by two witnesses. tackle and appurtenances thereto. K-133 . either frozen or placed in a closed container or bottle with proportionate ratio of ice. like sodium cyanide. in the absence of an ordinance or rule covering the subject matter. Id. Sec.. either three to five pieces in case of big-sized fish or ten to twenty small-sized fish or fingerlings shall be taken as samples. In the absence of ice. The internal organs of the fish samples must never be removed. Copy of the registration papers and pertinent vessel licenses.. Fish samples must be packed in polyethylene plastic. 206. 2 (a). He shall prepare an inventory of the items seized and issue a receipt to be countersigned by the captain. 2 (b). Water sample of about one liter may likewise be collected from the scene of the offense. Upon seizure without warrant. documents and fish samples shall be kept in safe custody by the apprehending officer prior to being turned over to the investigating prosecutor. The seized items. Those still briskly alive shall be returned to their habitat and those in worse condition shall be disposed of properly. fish laced with cyanide is proven to be injurious to humans and animals alike. which sample should reach the laboratory within four (4) hours from collection.530 In both major fishing violations. impound and take possession of the fishing vessel. 531 Id. Should the latter refuse.ENVIRONMENTAL LAW AND PROCEDURAL RULES Fish caught by means of noxious substances. master or in-charge of the boat. and shall be documented properly. or and other tools and the proceeds of the offense. the samples may be preserved in formalin and labeled. 3 (c). the apprehending officer shall likewise immediately seize. The disposal shall be done by the apprehending officer in the presence of a third-ranking BFAR official. other relevant information and a photograph thereof shall be taken prior to its being ceded to the PNP-Maritime Group (MARIG) for the latter’s safekeeping during the course of the trial. Sec. and in most cases.

master. The receipt of the samples identified in its vernacular. Fishery Administrative Order No.e. for an on-the-spot or scientific examination to determine whether the same was caught by means of explosives. s. Local governments may enact an ordinance providing a different mode of disposition of fish catch and the vessel seized. “Rules and Regulations on Commercial Fishing..ENVIRONMENTAL LAW AND PROCEDURAL RULES in cases of other fishery law violations. Sec.. i. Sec. the owner.” K-134 . patron.532 In commercial fishing vessels under the jurisdiction of the DA-BFAR. or any person-in-charge of the fishing boat or the possessor in places other than a fishing vessel shall allow duly deputized fishery law enforcement officers to take fish samples in quantity of not more than one (1) kilo. English and/or scientific names. or only (1) fish if it weighs more than a kilo. 2000. 198. 4.533 532 533 Id. licensee. vessels more than 3 gross tons. shall be countersigned by the owner/possessor thereof. 27. or by poisonous or obnoxious substances.

the fishery law enforcement officer shall clearly identify himself and the unit or organization to which he belongs. The position of the vessel shall be plotted on a map indicating its location. The registration papers. 2000)534 The following constitute inspection and apprehension procedures in poaching cases: (a) Upon receipt of a report that a foreign fishing vessel is engaged in poaching. weather condition at the time of sighting or apprehension. shall be recorded. the fishery law enforcement officer shall establish the violation. 2000 “Guidelines and Procedures in Implementing Section 87 of the Philippine Fisheries Code of 1998”. photographs of the vessel should be taken. any visible catch that may be on deck. The fishing vessel shall be approached to within a safe distance to the leeward side of the ship. and the captain and crew shall be identified. the state of the fishing gear at the time of boarding. S. The status of all navigational and other instruments in the vessel. and other conditions on board the vessel which indicate that it is poaching. whether it is working and operational at the time of apprehension. Upon boarding. and given visible or audible signals for the vessel to stop. The boarding officer should read to the arrested persons his/her rights under the Philippine Constitution in English. As far as practicable. or upon the sighting of a foreign fishing vessel. or in the common language or dialect of the arrested person. Once the fishing vessel has stopped. logbook and navigational chart of the vessel. the (b) (c) (d) (e) (f) (g) 534 Fishery Administrative Order (FAO) No. if possible. nature of and/or cause of apprehension. should be indicated as detailed as possible. He shall state clearly that he wishes to conduct an inspection on the ground that he has reason to suspect that the vessel may be engaged in poaching. Where practicable. A technician or engineer from the apprehending vessel should ascertain and record the status of the engine of the apprehended vessel. The master of the vessel shall be required to sign and conform with the plotted position of the vessel and be informed of the violation committed. exact location with coordinates of the vessel and its distance: from the nearest shore. 200. the officer shall ask the master of the vessel to stop its operations and drop anchor. s. K-135 . and the description/condition of the vessel with appropriate identifying features and marks during sighting and apprehension.ENVIRONMENTAL LAW AND PROCEDURAL RULES APPENDIX C SEARCH AND SEIZURE PROCEDURE IN POACHING CASES (DA-BFAR FAO 200.

and volume duly recorded as if the same were duly landed by a domestic fishing vessel. (m) The apprehending authorities shall turn over the arrested illegal entrants to the police or military authorities in his/her jurisdiction for the temporary detention. and thereafter donated to charitable and penal institutions within the vicinity where the violation was committed provided that the Directors thereof execute a promissory note of their willingness to pay the face value of the catch if the accused are acquitted from the charge. K-136 . and the Bureau of Immigration. the proceeds of which shall be submitted automatically to the National Treasury in accordance with Pres. PNP/MARIG. (i) The apprehending agency shall take custody of the evidence until turned over to the concerned government agency or inter-agency committee for its proper disposition.) (h) In the absence of such documents. 1177. copy furnished the National Committee on Illegal Entrants of the Department of Foreign Affairs. or to the Bureau of Immigration to be dealt with in accordance with applicable immigration laws. (l) The fishing gear found on the vessel shall be impounded. photographed. (j) The captain of the vessel shall bring the vessel or towed by the apprehending vessel to the nearest port. and for review by the same appropriate Philippine authorities (PN. Decree No. The vessel subject of the offense shall be examined thoroughly by BFAR assessing its efficiency and effectiveness in catching fish before auctioning the same. Any fish found on the vessel shall be confiscated. (k) A more thorough inspection of the vessel shall be conducted as soon as the vessel has docked at port. the species.ENVIRONMENTAL LAW AND PROCEDURAL RULES Seaman’s Book and other documents should be confiscated as evidence. etc. Regional or Provincial Committee on Illegal Entrants. PCG. the National. the apprehending officer should inquire from the master of the vessel his years of sailing experience. An Investigation and Apprehension Report shall be prepared and sent to the Department of Agriculture and the Bureau of Fisheries Head office. which should be duly indicated in an Investigation and Apprehension Report. numbers. to enable the proper authorities to establish the sailing experience of the apprehended person.

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