Name: John Christopher A.
Peraz Grade: BS- Criminology 4th year
GREEN LAWS
CASE STUDY 1: UP IN THE MOUNTAINS WITHOUT A CLUE
1.) Which law was 2.) Indicate the specific
possibly violated? section of the law
containing the offense
Chainsaw Act (RA 9175) Section 7(4) – Actual Unlawful
Use of Chainsaw
Presidential Decree No: Section 1. Any person,
330 -Penalizing timber whether natural or juridical,
smuggling or illegal who directly or indirectly
cutting of logs from cuts, gathers, removes, or
public forests and smuggles timber, or other
forest reserves as forest products, either from
qualified theft. any of the public forest,
forest reserves and other
kinds of public forests,
whether under license or
lease, or from any privately
owned forest lands in
violation of existing laws,
rules and regulation shall be
guilty of the crime of
qualified theft as defined and
penalized under Articles 308,
309 and 310 of the Revised
Penal Code
3.) List the elements of the offense
1. (Offender): Any person
2. (Act or omission): who is found to be
in possession of a chainsaw and uses
the same to cut trees and timber in
forest land or elsewhere
3. (qualifier): except as authorized by
the Department
a) Possession of timber or other forest
products;
b) The possession is without the legal
documents as required under existing
forest laws.
4.) Indicate the line number
on the facts leading you to
believe the said provision
was violated
Line 6
Line 6
5.) What investigative steps
would you do to
determine all elements of
the offense are present
According to the second element
need to identify the suspect/s thru
witness interview, check chainsaw
license status based on identity of
suspects and chainsaw identifying
details, gather evidence on actual
commission of act (surveillance,
witness accounts) and also in the
third element of the offense
(qualifier), the act is unlawful when
it was done without being
authorized by the Department
(DENR). I would therefore check if
DENR authorized the act of cutting
down the century-old trees .
According to the element need
to gathering and collecting the
evidence and identify the
suspects/ thru witness
interview. And the last elements
need to check the documents to
identifying details legal or not,
possession is without the legal
documents as required under
existing forest law.
Wildlife Resources Section 3.National Integrated 1.(offender): Any person Line 6 According to the elements we
Conservation and Protected Areas System need to classify the member of
Protection Act (RA (NIPAS) Act, and critical 2.(Act or Omission): who undertake to this corporation and
9174) habitats. affecting enforceable for all wildlife species partnership that involve the
found in all areas. official of there municipality to
check the legal documents to
3.(qualifier): Unless otherwise allowed in operate to enforceable for all
accordance with this Act. wildlife species found in all
areas and also the the third
element (qualifier) which is
otherwise allowed in
accordance with this Act and
being authorized by the (DENR).