GLENN M.

FORBES
Wildlife and Biodiversity Law Enforcement Specialist
USAID Protect Wildlife
 OUTLINE OF PRESENTATION
Part 1: Constitutional and Procedurual Basis
Part 2: Protocols on the Actual Conduct of Search and
Inspection
Part 3: Legal Forms
PART 1: CONSTITUTIONAL AND PROCEDURAL BASES:
THE RULES AND PROCEDURES ON SEARCH
SEARCH
What is a search warrant?
It is an order in writing issued in the name of the
People of the Philippines, signed by a judge and
directed to a peace officer, commanding him to
search for personal property described therein and
bring it before the court.
Searches and Seizure; general rule
• No search shall be conducted unless with a
search warrant.
• The search warrant shall be applied with the
court that has jurisdiction over the place where
the alleged violation of environmental law is
committed.
WARRANTLESS SEARCH:
Search Incidental to a Lawful Arrest (Bernas, citing
US vs. Tarazon, 989 F2d 1045, 1051 [1993])
• The item to be searched was within the custody
or area of immediate control of the arrested
person;
• The search was contemporaneous with the
arrest.
 WARRANTLESS SEARCH:
Search of a Moving Vehicle
• Reason: “The vehicle’s inherent mobility reduces expectation of
privacy. But there must be a highly reasonable suspicion
amounting to probable cause that the occupant committed
criminal liability.” (US vs. Tarazon, Bernas citing 989 F2d 1045, 1051 [1993])
• “Lumber, as processed log or timber, needs proper
documentation like any forest product under the Forestry Code.”
Mustang Lumber v. Court of Appeals, G.R. No. 104988, June 18, 1996, 257 SCRA 430
CUSTOMS SEARCH
 In People vs. CFI Rizal, the Supreme Court ruled: “This Court had
occasion to recognize this power granted to persons having police
authority under Section 2203 of the (Tariff and Customs) Code, who in
order to discharge their officials duties more effectively xxx may at
anytime enter, pass through, or search any land or enclosure of any
warehouse, store or other building not being a dwelling house”
(emphasis supplied); and also to inspect, search and examine any
vessel or aircraft and any trunk, package, box or envelope or any
person on board[;] or to stop and search and examine any vehicle,
beast or person suspected of holding or conveying any dutiable or
prohibited article introduced into the Philippines contrary to law.”
REGULATORY INSPECTION
 Agencies exercising regulatory powers may conduct regulatory
inspection to monitor and check compliance with relevant laws, rules
and regulations (e.g. PCG, BFAR, DENR, DA, PCSD, PPA, LGUs) (Tano v.
Socrates, 278 SCRA at 163-164)
WARRANTLESS SEARCH:
 Plain View Doctrine (Bernas, citing People v. Evaristo,
G.R. No. 93828, Dec. 11, 1992, 216 SCRA 413, 435-37)
• Prior valid intrusion into a place by the enforcement officer
who has a right to be where he is;
• The law enforcement officer inadvertently discovers the
evidence;
• The illegality of the evidence must be immediately apparent;
• The evidence is found without need of further search
 WARRANTLESS SEARCH:
Consented Search/Waiver of Right:
 Definition: Waiver is the intentional relinquishment of a known
right. (D.M. Consunji, Inc. v. Court of Appeals, G.R. No. 137873, April 20,
2001, 357 SCRA 249, 266 (citing Castro v. Del Rosario, et al., 19 SCRA 196
[1967]).
Requirements:
• A right must exist;
• The person involved has knowledge, either actual or constructive, of the
existence of such right;
• Said person had an actual intention to relinquish the right.
WARRANTLESS SEARCH:
Stop and frisk
Only when impelled a genuine reason that the
person to be searched is engaged in a criminal
activity. (Bernas, citing Malacat v. Court of Appeals, G.R. No.
123595, Dec. 12,1997, 283 SCRA 159, 177)
• Requirements:
•A genuine reason, and not merely a hunch or a
suspicion must exist to warrant stop and frisk.
Warrantless Search:
Exigent and emergency circumstances
• Case example:
• In Hizon v. Court of Appeals, the warrantless search
of a fishing vessel was allowed because of inherent
mobility of the craft and the likelihood of escape
before a warrant can be secured.
Warrantless Search:
Warrantless Searches; What to seize
• Subject of the offense/mga bagay ng paglabag;
• Stolen or embezzled and other proceeds, or fruits of
the offense/mga ninakaw at iba pang bunga ng
krimen o paglabag; or
• Used or intended to be used as means of committing
an offense/mga kagamitan sa krimen.
Warrantless Search:
• Warrantless Searches; What to do with seized evidence
• Physical inventory/imbentaryo;
• Mark evidence/pag marka sa ebidensiya;
• Document/take photos of evidence with tags/pagkuha ng
litrato ng ebidensiya;
• Issue inventory receipt to the accused
• Turn-over of seized items (with turn-over receipt)
Manner of Conducting Search:
1. Search of house, room, or premises shall be made:
2. In the presence of the lawful occupant thereof; or
3. Any member of his family; or
4. In the absence of the above, two witnesses of sufficient
age and discretion residing in the same locality.
 Question and Answer
Q: Peace officers raided a house, which was suspected to be a
depository of illegally caught Palawan Hornbill. During the raid, 8
Chinese were found inside who could not speak English or
Filipino. The Chinese were locked inside a room and two
witnesses, the barangay officials in the area, were used while
searching the house and seizing the wildlife species. Valid?
Answer:
No. The two-witness rule can only apply when there is
absence of the lawful occupants of the premises searched.

In this case, they locked the occupants in a room while doing

the search and seizure and used the barangay officials who
weren’t the occupants of the premises.
WHEN SHOULD THE SEARCH WARRANT BE
EXECUTED?
The warrant must direct that it be
served in the day time, unless the affidavit
asserts that the property is on the person or in the
place ordered to be searched, in which case a
direction may be inserted that it be served at any
time of the day or night.
FOR HOW LONG IS THE SEARCH WARRANT VALID?
• It is valid for 10 days, after which the police officer should
make a return to the judge who issued it.
• If the police officer doesn’t make a return,
the judge should summon him and require him to explain
why no return was made;
• If the return was made, the judge should determine if the
peace officer issued the receipt to the occupant of the
premises from whom the things were taken;
• The judge shall also order the delivery to the court of the
things seized.
WHAT IS THE DUTY OF THE
OFFICER WHEN HE SEIZES THE PROPERTY?
• The officer seizing the property under the warrant must give a
detailed receipt for the same to the lawful occupant of the
premises in whose presence the search and seizure were
made, or in the absence of such occupant must, in the
presence of at least two witnesses of sufficient age and
discretion residing in the same locality, leave a receipt in the
place in which he found the seized property.
CAN THE OWNER OF THE THINGS SEIZED BE MADE
TO SIGN THE RECEIPT?

• No since this would be tantamount to a violation of

one’s right against self-
incrimination. It is a confession without the assistance of
counsel.
 PART 2: GENERAL AND SPECIFIC PROTOCOLS:
SEARCHES AND INSPECTIONS IN SEAPORTS AND
AIRPORTS
General Procedure for Conducting Search with warrant
Apply for search warrant

Prepare detailed operational plan of the raid

(SMEAC)

Situation
‫٭‬Should clearly but briefly explain the general situation
and the background of the operation
Mission
•Should specify the objectives of the operation

Execution plan
 -Must be able to explain the concept of the operation.
Execution plan -Must enumerate the composition of the team (there -must be
members who are technically competent on wildlife matters)
-Must point out the task of each members.
COVER/PERIMETER GROUP, ASSUALT/ARRESTING GROUP, SEARCH
GROUP, and DOCUMENTATION GROUP.
-Must be coordinated with the plan of other government agencies

-Must identify the needed authorization, logistical

Administrative requirements and technical aspects of the operation.
-Should clearly delineate the strict command
structure of the operation.
Command & Control
 Secure proper authorization such as mission order

Handle the information with utmost secrecy

(it is necessary that members of the apprehending team shall not be

advised of the details of the operation until the raid briefing)
 Actual Raid

Seek proper entry into the building, office, residence, etc

(If refused admittance, officer may break open any outer or inner door or
window of a house or any part of a house, or anything therein to execute the
warrant, after giving notice of purpose and authority)

Upon entry, inform the occupants-owners of the purpose of

the search and show copy of the search warrant
 Search shall be made in the presence of the lawful
occupants or any member of his family or in their absence,
two witnesses of sufficient age and discretion residing in
the same locality

If arrest of person is necessary, follow the procedure of

arrest without arrest warrant
 Post Raid
Prepare necessary documentation

1. Affidavit of arrest by the apprehending officer

2. Affidavit by at least one witness on the arrest
and seizure
3. inventory sheet of the seized wildlife commodities
4. Apprehension/Seizure Receipt
 Turn over of custody over the apprehended
person to the nearest police station or jail

Turnover the wildlife specimens to the nearest denr

office /wildlife rescue center.

Turnover the other evidence to the nearest denr office.

Return the search warrant to the judge who issued
the same pursuant to the Rules (Sec. 12 Rule 126).
Coordinate with the judge regarding turnover and
deposit of the evidence seized during the conduct of
the search.
The apprehending officer shall accomplish the
transmittal sheet and attach the documentary evidence
such as the affidavit of arrest, affidavit of witness on
the arrest, inventory sheet and the seizure receipt. The
receiving officer in the DENR must duly sign the same
after finding the completeness of the documents listed
in the transmittal sheet.

Note: This is true if the apprehending officer is not from DENR and they do not
want to Initiate the case.
Notwithstanding the foregoing section, the
apprehending officer is not precluded from directly
filing the affidavit -complaint with the office of the
public prosecutor instead of transmitting the same to
the DENR. However, sufficient certification from DENR-
PAWB is required.
 Procedure for
Apprehension,
Seizure and
Handling of
Wildlife, By-
Products and
Derivatives
 Preliminary Checkpoint
Protocol on by security personnel

Airports and Passenger NOT

Passenger CLEARED
CLEARED
Seaports:
Departure Security personnel
calls officer on duty of
Passenger proceeds to
embarkation
the composite team

• Customs validates shipment

• Quarantine checks permits
issued by DA
• WEO/WTMU checks permits
issued by DENR/PCSD
Composite Team
checks documents and
items
Airport Police/ Maritime Police takes temporary
Apprehend passenger custody of apprehended person
and seize wildlife items
not covered by
appropriate permits Further investigation Case Filing
 Luggage Check by BOC
Protocol on representative

Airports and Passenger NOT

Passenger CLEARED
CLEARED
Seaports:
Arrival Security personnel
calls officer on duty of
Passenger proceeds to
exit
the composite team

• Customs validates shipment

• Quarantine checks permits
issued by DA
• WEO/WTMU checks permits
issued by DENR/PCSD
Composite Team
checks documents and
items
Airport Police/ Maritime Police takes temporary
Apprehend passenger custody of apprehended person
and seize wildlife items
not covered by
appropriate permits Further investigation Case Filing
 Protocol in WTMU provides
immigration officer of
WTMU shall secure
manifesto to confirm Immigration officer
Airports and the identity and flight
details of the
arrival and other identifies suspect
information
Seaports (local or passenger

international): Composite Team

Approach and ask
Advance NEGATIVE suspect to present
follows and observes
suspect until the
luggage for inspection
Information on baggage is claimed

Arriving POSITIVE

Passenger Apprehend suspect

Turn-Over Wildlife
Items

Further Investigation

Case Filing
 Protocol on
Airports and
Seaports: Outgoing
and Incoming
Cargoes in
International
Airports/Seaports
 Protocol on
Airports and
Seaports:
Advance
Information
on Incoming
Cargoes
 Protocol on
Airports and
Seaports:
Advance
Information on
Incoming and
Transshipment
of Cargoes
 Protocol on
Airports and
Seaports:
Chartered
Flights
PART 3: LEGAL FORMS