You are on page 1of 84

PROHIBITED ACTS

Revised Forestry Code (PD 705)
Chainsaw Act (RA 9175)
Wildlife Act (RA 9147)
Fisheries Code (RA 8550)
BASIC CONCEPTS IN CRIMINAL LAW
Rules of Procedure on
Environmental Cases
(AM-09-6-8 SC)
ATTY. ISMAEL T. MANALIGOD
LEGAL DIVISION DENR REGION 02

October 23, 2012 Aparri, Cagayan

Introduction
ENVIRONMENTAL JUSTICE
Fair treatment and meaningful involvement
of all people-regardless of race, ethnicity,
income or educational level-in all
environmental decision-making
Right of the people to a balanced and a
healthful ecology and the correlative duty to
refrain from impairing the environment

Introduction
ENVIRONMENTAL LAW
-The body of law which contains elements to
control human impact on the earth
ENVIRONMENTAL RIGHTS AS COMPONENT
OF HUMAN RIGHTS
-3rd Generation Human Right, iron-clad in
constitutional law

Introduction
ENVIRONMENTAL JUSTICE
Fair treatment and meaningful involvement
of all people-regardless of race, ethnicity,
income or educational level-in all
environmental decision-making
Right of the people to a balanced and a
healthful ecology and the correlative duty to
refrain from impairing the environment

1987 Constitution
Article XII Section 2
All lands of the public domain, waters,
minerals, coal, petroleum, and other mineral
oils, all forces of potential energy, fisheries,
forest or timber, wildlife, flora and fauna,
and other natural resources are owned by
the state

Article II Section 16, 1987
Constitution
It is the policy of the state to protect
and promote the right of the people to a

Introduction
Four Classifications of
Environmental Laws
1. Terrestial - Forest and Biodiversity11
2. Marine and Aquatic- Waters and
Marine Life- 6
3. Aerial-Air Pollution-1
4. Other Laws –environment , waste
management-5

Stakeholders
1.
2.
3.
4.
5.
6.

Citizens
Private Enterprises and Corporations
NGOs and Pos
ICCs and Ips
Government Agencies
LGUs
-Communal Forests , Community watersheds (RA
7160)
-Municipal waters (RA 8550 Sec. 15 and 4)
- Prohibition/Limitation of Fishery Activities (Sec.
23)
-Registration of Hatcheries, Breeding , Private
FPs
- Fishery Law Enforcement (Sec. 124)

REVISED FORESTRY CODE (PD 705)
CRIMINAL OFFENSES AND PENALTIES
SECTION 77-86
77 Cutting, gathering and/or collecting
timber or other products without
license.
78 Unlawful occupation or destruction of
forest lands.
79 Pasturing Livestock
80 Illegal occupation of national parks
system and recreation areas and
vandalism therein

81 Destruction of wildlife resources
82 Survey by unauthorized person
83 Misclassification and survey by
government official or employee
84 Tax declaration on real property
85 Coercion and influence
86 Unlawful possession of implements and
devices used by forest officers
87 Payment, collection and remittance of
forest charges
88 Sale of wood products

Punishable acts under Sec. 771. Cutting, gathering, collecting of
forest products without the
necessary documents.
2. Possession of forest products
without permit.

• Section 77-A – Administrative
authority of the DENR to confiscate
illegal forest products (DAO 199732)
• Section 77-B- reward to informers20% of the net proceeds of the
forest products

RA 9175 Prohibited Acts (Section 12)
1. Selling, Purchasing, Re-selling, Transferring,
Distributing or possessing a chainsaw without
a permit
Imprisonment 4 yrs., 2 mos. And 1 day to 6 yrs or Fine Not
less than P15,000.00 but not more than P30,000.00

2. Unlawful importation or manufacturing of
chainsaw
Imprisonment 1 month to 6 months or Fine Not less than
P1,000.00 but not more than P4,000.00

Department of Environment and Natural Resources

3. Tampering of Engine Serial Number
Imprisonment 1 month to 6 months or Fine Not less than
P1,000.00 but not more than P4,000.00

4. Actual unlawful use of chainsaw
Imprisonment 6 years 1 day to 8 years or Fine Not less than
P30,000.00 but not more than P50,000.00

Department of Environment and Natural Resources

RA 9147 Jurisdiction
DENR
1. TERRESTIAL AND
PLANT SPECIES
2. TURTLES AND
TORTOISES
3. WETLAND SPECIES
(CROCODILES,
WATERBIRDS, ALL
AMPHIBIANS AND
DUGONG

BFAR
1. DECLARED AQUATIC
CRITICAL HABITATS
2. ALL AQUATIC
RESOURCES
INCLUDING BUT NOT
LIMITED TO FISHES,
AQUATIC PLANTS,
INVERTEBRATES, ALL
MARINE MAMMALS
EXC. DUGONG

Scope of application:
All wildlife

WILDLIFE
wild forms and varieties of flora
and fauna, in all developmental
stages, including those which are in
captivity or are being bred or
propagated.

Section 27 Illegal Acts
1. Killing and destroying wildlife
species, except:

For religious rituals

Due to communicable disease

To end misery of the wildlife

Prevent imminent danger

Authorized research or
experiment

Illegal Acts
2. Inflicting
injury which
cripples
and/or impair
the
reproductive
system of the
wildlife

Illegal Acts
3. Effecting any of the following acts in
critical habitat

Dumping of waste products

Squatting or occupying portions of
the habitat

Mineral exploration and/or
extraction

Burning

logging

Illegal Acts
4. Introduction, reintroduction or restocking
of wildlife
5. Trading of wildlife
6. Collecting, hunting or possessing wildlife,
their by-products and derivatives
7. Gathering or destroying of active nests,
nest trees, host plants and the like
8. Maltreating and/or inflicting injury
9. Transporting of wildlife

Fines and Penalties
VIOLATION

WILDLIFE SPECIES
ENDANGERE
D

VULNERABL
E

THREATENE
D

a. Killing/
6 years &
destroyin 1 day to
g wildlife 12 years
imprisonm
ent and/or
100T to
1M fine

4 years &
1 day to 6
years
imprisonment
and/or
50T to
500T fine

2 years &
1 day to 4
years
imprisonment
and/or
30T to
300T fine

1 year &
1 day to
2 yrs
imprisonment
and/or
20T to
200T fine

6 mos.
& 1 day
to 1 yr
imprisonmen
t and/or
10T to
100T
fine

b. Inflicting
injury
which
cripples
and/or
impairs
reproduc
tive
system

2 years &
1 day to 4
years
imprisonment
and/or
30T to
200T fine

1 year &
1 day to 2
years
imprisonment
and/or
20T to
200T fine

6 mos. &
1 day to
1 yr
imprisonment
and/or
10T to
50T fine

1 mo. &
1 day
to 6
mos.
impriso
n-ment
and/or
5T to
20T

CRITICAL

4 years &
1 day to 6
years
imprisonm
ent and/or
50T to
500T fine

OTHERS

Fines and Penalties
VIOLATION

WILDLIFE SPECIES
CRITICAL

ENDANGERE
D

VULNERABL
E

THREATENE
D

OTHERS

c. Dumping
wastes,
squatting,
mineral
exploration
,
extracting,
burning,
logging,
quarrying

1 month to 8 years imprisonment and/or 5T to 5M
fine

d.

1 month to 8 years imprisonment and/or 5T to 5M
fine

Introductio
n,
reintroduct
ion or
restocking
of wildlife

Fines and Penalties
VIOLATION

WILDLIFE SPECIES
CRITICAL

ENDANGERED

VULNERABLE

THREATENED

OTHERS

g. Gathering
or
destroying
of active
nests, nest
trees and
host plants

2 years &
1 day to 4
years
imprisonm
ent and/or
30T to
300T fine

1 year & 1
day to 2
yrs
imprisonment
and/or 20T
to 200T
fine

6 mos. & 1
day to 1
year
imprisonment
and/or 10T
to 100T
fine

1 mo. & 1
day to 6
mos.
imprisonment
and/or 5T
to 50T fine

10 days
to 1 mo.
imprisonment
and/or
1T to 5T
fine

h. Maltreating
and/or
inflicting
injuries

6 mos. & 1
day to 1
year
imprisonm
ent and/or
50T to
100T fine

3 mos. & 1
day to 6
mos. imprisonment
and/or 20T
to 50T fine

1 mo. & 1
day to 3
mos.
imprisonment
and/or 5T
to 20T fine

10 days to
mo. to 1
mo. imprisonment
and/or 1T
to 5T fine

5 days
to 10
days
imprisonment
and/or
200 to
1T

Fines and Penalties
VIOLATION
i.

WILDLIFE SPECIES
CRITICAL

6 mos. & 1
Transport day to 1
ing
year
wildlife
imprisonm
ent and/or
50T to
100T fine

ENDANGERE
D

VULNERABL
E

THREATENE
D

3 mos. &
1 day to
6 mos.
imprisonment
and/or
20T to
50T fine

1 mo. & 1
day to 3
mos.
imprisonment
and/or 5T
to 20T
fine

10 days
to mo. to
1 mo.
imprisonment
and/or 1T
to 5T fine

OTHERS

5 days
to 10
days
imprisonmen
t and/or
200 to
1T

Fines and Penalties
VIOLATION

ENDANGERE
D

VULNERABL
E

THREATENE
D

2 years &
1 day to 4
years
imprisonm
ent and/or
5T to 300T
fine

1 year &
1 day to 2
years
imprisonment
and/or 2T
to 200T
fine

6 mos. &
1 day to 1
year
imprisonment
and/or 1T
to 100T
fine

1 mo. & 1
day to 6
mos.
imprisonment
and/or
500 to 5T
fine

10 days
to 1
mo.
imprisonmen
t and/or
200 to
20T
fine

2 years &
Collectin 1 day to 4
g,
years
hunting
imprisonm
or
ent and/or
possessin 30T to
g wildlife 300T fine
and/or
by-

1 year &
1 day to 2
years
imprisonment
and/or
20T to
200T fine

6 mos. &
1 day to 1
year
imprisonment
and/or
10T to
100T fine

1 mo. & 1
day to 6
mos.
imprisonment
and/or 5T
to 50T
fine

10 days
to 1
mo.
imprisonmen
t and/or
1T to
5T fine

e. Trading
of
wildlife

f.

WILDLIFE SPECIES
CRITICAL

OTHERS

RA 8550 Prohibited
Acts

SEC. 86. Unauthorized Fishing or
Engaging in Other Unauthorized
Fisheries Activities..
SEC. 87. Poaching in Philippine Waters.
-.
entry of foreign fishing vessel:prima
facie evidence
SEC. 88. Fishing with Explosives,
Noxious Substance, Electricity. –
(possession, use, dealing)
Department of Environment and Natural Resources

RA 8550 Prohibited
Acts

SEC. 90. Use of Active Gear in the Municipal
Waters and Bays and Other Management
Areas.
SEC. 91. Corral –gathering, possessing, sell or
Exporting
SEC. 92. Ban on Muro-Ami,Other Methods
and Gear
recruiter Destructive to Coral Reefsand Other
Marine Habitat.
SEC. 94. Conversion of Mangroves. – into
fishponds or for
anyof Environment
other and
purposes
Department
Natural Resources

SEC. 95. Fishing in Overfished Area and During
Closed Season. cancellation of permit or license.
SEC. 96. Fishing in Reserves, Refuge, Sanctuaries.
SEC. 97. Fishing or Taking of Rare, Threatened or
Species (CITES)
SEC. 98. Capture of Sabalo and Breeders/Spawners.
SEC. 99. Exportation of Breeders, Spawners, Eggs or
Fry
SEC. 101. Violation of Catch Ceilings.
SEC. 102. Aquatic Pollution.
SEC. 103. Other violations.
SEC 104. Commercial Fishing Operators Employing
Unlicensed
Fisherfolk or Crew.
SEC 105. Obstruction
of Defined Migration Paths of
Department of Environment and Natural Resources

AM 09-6-8 Rules of Procedure
For Environmental Cases
 The Supreme Court designated 117 RTCs
as GREEN COURTS to resolve the growing
docket of environmental cases nationwide.
(AM Circular No. 23-2008-January 28, 2008
 Forum on Environmental Justice (April
2009)-Draft Rule of Procedure was
presented
 The Rule of Procedure implements almost
36 environmental laws and counting...
 Effective April 29, 2010

Scope
 For enforcement or violations of
environmental and other related laws
 Rule governs the procedure in civil,
criminal and special civil actions
before RTCs, MTCs , MTCCs, MCTCs

Salient Features
1. Encourages settlement of cases
through issuance by the Court of
CONSENT DECREE
Judicial judicially-approved settlement
between concerned parties based on
public interest and public policy to
protect and preserve the environment

2. Provisonal remedy tailor-fitted for
environmental cases
 EPO - (Environmental Protection 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, preserve or
rehabilitate the environment
 Easy to procure with only minimal requirements
(prayer included in the complaint or by direct
application)
 EPO subsists unless lifted, TEPO is only for the
duration of the case or in case of extreme urgency
ex parte for 72 hours

3. Writ of Kalikasan enforces the
constitutional right of balanced and
healthful ecology (Article 2 Section 16)
when they are violated or threatened with
violation
4. Writ of Continuing Mandamus- issued by
the 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. (MANILA BAY

5. Precautionary Principle- a rule of evidence
which allows the court to resolve a case
even if there is no full scientific certainty in
linking a human activity to a threatening
effect or which threatens serious
irreversible damage
6. SLAPP- Strategic Lawsuit Against Public
Participation- defense available to public
officials against harassment cases.

7. Liberalized Locus Standi (Cause of
Action) - Oposa vs. Factoran Case
 

8. Rule on Documentary and Object
Evidence- Photographic, video and
similar evidence are now allowed
subject to authentication rules
9. Expeditious Adjudication- Civil (1
year), Criminal Case (10 months),
SCA (4 months)
10. No docket fees

11. The defendant may be held in contempt
for refusal or delay in filing a return, filing a
false return or resists the order of the court
(Government Agency may be the
defendant in this case!)
12. Simplified procedure in special civil action
(no mediation, pre-trial only preliminary
conference)
13. Filing of a petition for Writ of Kalikasan will
not preclude the filing of other remedies

Three Main Procedures
1. Civil Procedure
a. Civil Action
b. Citizen’s Suit

2. Special Civil Action
a. Writ of Kalikasan
b. Writ of Continuing Mandamus

3. Criminal Procedure

Jurisdiction of Courts
 Ordinary Civil Action/ Criminal Action – MTC or
RTC
 Citizen’s Suit – RTC (subject of the suit is
incapable of pecuniary estimation)
 TEPO – court where the main case is lodged
 Writ of Continuing Mandamus- RTC,CA, SC
 Writ of Kalikasan- CA, SC

Requirements of a
complaint
1. Names of parties and their addresses, the cause
of action and the reliefs prayed for
2. Verification and certification of non-forum
shopping
3. It must state that it is an environmental case
stating the law involved.
4. It must contain all evidence in support of the
cause of action (affidavits of witnesses which
must be in question and answer form,
documentary evidence and if possible, object
evidence.
5. If complainant is private entity, furnish copy of
complaint to appropriate government agency
although not a party

Who may file a complaint?
1. Any real party in interest, including the
government and juridical entities authorized
by law, may file a civil action involving the
enforcement or violation of any
environmental law
2. A citizen suit may be filed by any Filipino
citizen in representation of others, including
minors or generations yet unborn following
the principle of intergenerational
responsibility in Oposa

FILE
COMPLAINT
TEPO
(72hrs)

COURT

SUMMONS
w/in 15
days

SUMMARY
HEARING
LIFT
EXTEND
TEPO
(EPO)
MOTION TO
DISSOLVE

DENY
CERTIORA
RI
RULE 65

FLOWCHART

ANSWER

PRE-TRIAL

NOT ENVT.
CASE
Court re-raffles
the case and
follow rules for
ordinary civil
action

MEDIATION

TRIAL

(2

GRANT

mos)

TEPO
IS
DISSOLV
ED

JUDGMEN
T
APPEAL

CONSENT DECREE
(Settlement
Judgment)

RULE OF
PROCEDURE
WRIT
OF
KALIKASAN

Writ of Kalikasan
• Proper issue involves environmental damage
of a magnitude as to prejudice the life, health or
property of inhabitants in two or more cities or
provinces.
• WHO MAY FILE A PETITION?
Natural/juridical person, entity authorized by
law, non-governmental organization, public
interest group accredited by or registered with
any government agency. (ANY FILIPINO
CITIZEN)

PETITION

(Sufficient in form
and substance

ISSUE WRIT

SERVICE OF
WRIT
RESPONDENT
FILES A RETURN

HEARING

SUBMISSION FOR
DECISION
JUDGMENT

APPEAL

under Rule 45 on
both questions of
fact and law

• Is payment of docket fee required?
No fees are required!

• What is the effect of the failure to file a
return?
Court will hear the petition ex parte.

What are the reliefs that may be granted

under the Writ of Kalikasan:
1. Cease and Desist Order (CDO);
2. Order directing respondents to protect,
preserve, rehabilitate or restore the
environment.

3. Issue order directing respondent to
monitor strict compliance with the
decision/order of the court
4. Issue order directing respondent to make
periodic reports on the execution of the
final judgment.
5. Other reliefs relative to the right of the
people
to a balanced and healthful
ecology.

RULE OF
PROCEDURE
WRIT OF
CONTINUING
MANDAMUS

• A special civil action which may be
availed of to compel performance of an
act specifically enjoined by law.
• Permits court to retain jurisdiction after
judgment in order to ensure the
successful implementation of the reliefs
mandated under the court’s decision.

• Where to file petition?
RTC, CA or SC

• Is payment of docket fee required?
Not required!

• What is the nature of the proceedings?
Summary (resolved within 60 days from
submission for resolution WITHOUT delay)

• Is there provisional remedy available while
petition is pending?
Yes, court may grant TEPO

CRIMINAL
PROCEDURE

BASIC CONCEPTS IN CRIMINAL LAW
CRIME
Is the commission or omission by a person having capacity
of any act which is either prohibited or compelled by law
and the commission or omission of which is punishable by a
proceeding brought in the name of the government whose
law has been violated
FELONY
Crimes punishable under the Revised Penal Code
OFFENSE
Crimes punishable under special law
INFRACTION/MISDEMEANOR
Crimes punishable by an ordinance

BASIC CONCEPTS IN CRIMINAL LAW
CRIMES MALA IN SE
Wrong by its very nature and as those felonies under the
RPC with the exception of some penal provisions in special
penal laws which were held by the Supreme Court to be
mala in se (ex: omission of voter’s name by COMELEC
official, plunder). Intent is an element in its commission and
good faith is a defense
CRIMES MALA PROHIBITA
Wrong because it is prohibited by law. Without the law
punishing the act, it cannot be considered a wrong. Mere
commission of the act constitute an offense and good faith
is not a defense.

MALA IN SE

MALA PROHIBITA

Nature

Wrong by its nature
(RPC)

Wrong because it is
prohibited by law
(SPL)

Good faith

Valid defense except
crimes involving
negligence

Not a valid defense

Intent

Element

Intent is immaterial

Degree of
accomplishment

Taken into account

Only

Basic Procedure
for Prosecution

Procedure for
Preliminary
Investigation

Procedure for
Inquest
Investigation

SEARCH AND SEIZURE CONCEPTS ,
DOCTRINES, PROCEDURE
CONSTITUTIONAL BASIS – ARTICLE III Section 2
The right of the people to be secure in their persons, houses,
papers, and effects against unreasonable searches and seizures
of whatever nature and for any purpose shall be inviolable, and
no search warrant or warrant of arrest shall issue except upon
probable cause to be determined personally by the judge after
examination under oath or affirmation of the complainant and
the witnesses he may produce, and particularly describing the
place to be searched and the persons or things to be seized.
 
CRIMINAL PROCEDURE BASIS
ARREST - Rule 11 of the Rules on Criminal Procedure
SEARCH AND SEIZURE- Rule 126 of the Rules on Criminal
Procedure

SEARCH AND SEIZURE CONCEPTS ,
DOCTRINES, PROCEDURE
SCOPE OF PROTECTION
a. Available to all persons including aliens and artificial persons
b. Right is personal and may be waived
c. Distraint directed against government tasked with law
enforcement
WHO MAY ISSUE A WARRANT
General Rule – Only a judge upon fulfillment of requirements
Exception
finding of
order)

– Orders of arrest may be issued to carry out final
violation of a law ( contempt, deportation

SEARCH WARRANT
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,

SEARCH AND SEIZURE CONCEPTS ,
DOCTRINES, PROCEDURE
REQUISITES OF A VALID WARRANT
1. Probable Cause
2. Determination of Probable Cause personally by a judge
3. After examination under oath or affirmation of the
complainant and the witnesses he may produce
4. Particularity of description
a. Place to be search
b. Property subject of seizure

SEARCH AND SEIZURE CONCEPTS ,
DOCTRINES, PROCEDURE
PROBABLE CAUSE FOR A SEARCH WARRANT
Such facts and circumstances which would lead a reasonably
discreet and prudent man to believe than an offense has been
committed and that the objects sought in connection with the
offense are in the place sought to be searched.
DETERMINATION BY A JUDGE DURING APPLICATION FOR
SEARCH WARRANT
Judge must personally examine in the form of searching questions
and answers, in writing and under oath, the complainant and the
witness he may produce of facts personally known to them and
attach to the record their sworn statements together with any
affidavits submitted.
PARTICULARITY OF DESCRIPTION
As specific as circumstances will ordinarily allow and need not be

SEARCH AND SEIZURE CONCEPTS ,
DOCTRINES, PROCEDURE
WARRANTLESS SEARCHES
1. When the right is voluntarily waived
2. Stop and Frisk
3. Incident to a lawful arrest
4. Plain view
5. Search of vessels and aircraft
6. Search of moving vehicles
7. Inspection of buildings and other premises for the
enforcement of fire sanitary and building regulations
8. Under exigent and emergency circumstances

SEARCH AND SEIZURE CONCEPTS ,
DOCTRINES, PROCEDURE

WAIVER
1. Right exists
2. Person waiving has actual or constructive knowledge of
such right
3. Actual intention to relinquish such right

•. UNDER EXIGENT AND EMERGENCY CIRCUMSTANCES
Hizon vs. CA (Dec. 13, 1996) - warrantless search of a
fishing vessel was allowed because of the inherent
mobility of the craft and the likelihood of escape before
a warrant can be secured.

SEARCH AND SEIZURE CONCEPTS ,
DOCTRINES, PROCEDURE

STOP AND FRISK

Right of a police officer to stop a citizen in a street, interrogate
him and pat him for weapons whenever he observes unusual
conduct which leads him to conclude that criminal activity
maybe afoot.
- search and seizure must precede the arrest for principle to
apply.
- police should introduce himself and make initial inquiries

INCIDENTAL TO LAWFUL ARREST

Rule 126 sec. 12 - search for dangerous weapons or anything as
proof of
the commission of the offense
Rule 11 sec 2 (a) - there must be probable cause (BUY-BUST
operations)
Permissible area to be searched - person of the one arrested

SEARCH AND SEIZURE CONCEPTS ,
DOCTRINES, PROCEDURE

VESSELS AND AIRCRAFTS

Reason – may elude arrest if you adopt a wait and see attitude
and the
circumstance call for immediate response

MOVING VEHICLES

It is justified on the ground that it is not practicable to secure a
warrant
because the vehicle can be moved quickly out of the
locality or jurisdiction in which the warrant may be sought. It is
also allowed for the purpose
preventing smuggling and
violation of immigration laws made in borders or
constructive
borders
Checkpoint search
1. Routine inspection- Visual Search
2. Extensive Search – there must be reasonable or probable
cause to
believe before the search that
evidence of crime is
present. (ex tips from
informants)

SEARCH AND SEIZURE CONCEPTS ,
DOCTRINES, PROCEDURE

EVIDENCE IN PLAIN VIEW

1. Prior valid intrusion based on the valid warrantless arrest in
which the police are legally present in the pursuit of their
regular duties
2. Evidence was inadvertently discovered by the police who
have a right to be where they are
3. Evidence must be immediately apparent
4. Plain view justified the seizure of the evidence without further
search
Plain view exposed to sight. Even if it is in a bag or container
where the
package proclaims itself it is still considered in
plain view The
area must be within the immediate control
of the arrested
person.

ARREST
With Warrant

Without Warrant

• Prior filing of a complaint
or information.
• Issued only by the
judge .

• In flagrante delicto. (Actually
Committing, has just
committed or is attempting to
commit an
(See, Hear, Proceed at once
to the scene)

Republic vs. Cansino
(May 26, 1962) –
possession of illegaly
caught fish is an offense
and mere possession is a
crime

• Person making the arrest has
probable cause to believe
based on personal knowledge
of facts that the arrestee is
responsible for the offense
which has just been
committed.

Maximum Period of Detention
Prior to Inquest
NATURE OF
OFFENSE

PENALTY

TIME TO
DELIVER

LIGHT
PENALTIES

1 day to 30
days Fine of
200

12

CORRECTIONAL
PENALTIES

1 month to 6
years Fine 200
to P6,000

18

AFFLICTIVE
PENALTIES

6 years 1 day
36
Fine of more
closely
with Prosecutor’s
than P6,000

Note: Coordinate
Office to
avoid being liable for Article 125 RPC
In PD 705, delivery must be within 6 hours (Section
89) unless arrest is within the forest or far from
judicial authorities

CUSTODY AND DISPOSITION OF SEIZED ITEMS,
EQUIPMENT, PARAPHERNALIA, CONVEYANCES
AND INSTRUMENTS
GENERAL RULE
In accordance with applicable laws or rules promulgated
by the concerned government agency
IN THE ABSENCE
Follow Rule 12 Section 2-

PHYSICAL
INVENTORY
(Apprehendi
ng Officials

AUCTION
SALE (COURT)

DISPOSITION
OF THE
PROCEEDS(IN
TRUST)

Prosecution of Offenses
How are criminal actions prosecuted
Criminal actions shall be instituted as follows:
(a) For offenses where a preliminary investigation is required
pursuant to section 1 of Rule 112, by filing the complaint with the
proper officer for the purpose of conducting the requisite
preliminary investigation. (4/2/1
(b) For all other offenses, by filing the complaint or information
directly with the Municipal Trial Courts and Municipal Circuit Trial
Courts, or the complaint with the office of the prosecutor. In
Manila and other chartered cities, the complaints shall be filed
with the office of the prosecutor unless otherwise provided in
their charters.

Prosecution of Offenses
What is a complaint
A complaint is a sworn written statement charging a person
with an offense, subscribed by the offended party, any peace
officer, or other public officer charged with the enforcement of
the law violated.
What is an information
An information is an accusation in writing charging a person
with an offense, subscribed by the prosecutor and filed with the
court

Prosecution of Offenses
Prosecution of Criminal Offenses
Complaint

Information

Subscription

Sworn statement

Need not be
sworn to

By whom

Offended
party/public
officer charged
with the
enforcement of
the law violated

Prosecutor

Where filed

Court or
Prosecutor’s
Office

Always in court

Prosecution of Offenses
Who must prosecute criminal offenses
All criminal actions either commenced by complaint or by
information shall be prosecuted under the direction and
control of a public prosecutor. In case of heavy work
schedule of the public prosecutor or in the event of lack of
public prosecutors, the private prosecutor may be
authorized in writing by the Chief of the Prosecution Office
or the Regional State Prosecutor to prosecute the case
subject to the approval of the court. Once so authorized to
prosecute the criminal action, the private prosecutor shall
continue to prosecute the case up to end of the trial even
in the absence of a public prosecutor, unless the authority
is revoked or otherwise withdrawn
Section 3 Rule 9 of the Rules of Procedure for
Environmental Cases- SPECIAL PROSECUTOR MAY APPEAR
IN OFFENSES WHERE THERE IS NO PRIVATE OFFENDED
PARTY

ESTABLISHING CRIMINAL LIABILITY
FORESTRY/WILDLIFE CASES/FISHERIES
 
The administrative confiscation
proceedings/investigation report may come before
or after the filing of the complaint
Filing of Criminal complaint
 
Before administrative confiscation – the order of
confiscation may be submitted as supplemental
documetary evidence.
After admin confiscation –all documents shall have
been collected and the criminal case may proceed
unhampered.

INVESTIGATION/DOCUMENTATION
Required attachment in affidavit complaint/complaint
 
1. Q and A Affidavit of apprehending/seizing officer/witness
(AM 12-8-8)
2. Apprehension receipt/report which must be fully filled up
(otherwise case may be dismissed on technicalitydefendant is not among those apprehended)
3. Seizure Receipt/ Tally Sheet/Inventory Report/Compliance
Report Representative samples
4. Order of Confiscation/Seizure
5. Photograph/Video-observe authentication rules
6. For RA 9147 attach a wildlife certification and List of
Species
7. Documents must show chain of custody
Under new Rule of Procedure for the cases, affidavits
shall be in Q and A form which shall become the direct
testimony of witnesses.

ELEMENTS TO BE PROVEN and
RECOMMENDED EVIDENCE
VIOLATION
Section 88 of RA
8550
USE OF
EXPLOSIVES...

ELEMENTS

EVIDENCE

ROLE OF
SECTORS

1. Use of
Explosive...
2. Use is not for
scientific
purposes and not
approved by
BFAR and the
LGU

1. Photograph of the
place before and
after the incident
occured
2. Fish sample and
or result of Fish
Examination
3. Possession of
dynamite or
poisonous prima
facie evidence
4. affidavits

1. Bantay Dagat to
gather evidence
2. Brgy Chairman
or LGU rep
3. PNP Maritime
Group
investigate and
prosecute
4. PCG to
apprehend
violators

ELEMENTS TO BE PROVEN and
RECOMMENDED EVIDENCE
VIOLATION

ELEMENTS

Section 97 of RA
8550
FISHING OR
TAKING OF
RARE,
THREATENED OR
ENDANGERED
SPECIES

1. Fishing or
Taking of
aquatic
resources
2. Classfied as
rare, threatened
or endangered
3. Classification
based on CITES
List as
determined by
DA

EVIDENCE

ROLE OF
SECTORS

1. Possession of
1. Bantay Dagat to
the endangered
gather evidence
species
2. Brgy Chairman
2. Affidavits re
or LGU rep
apprehension
3. PNP Maritime
3. Certification that
Group
it is endangered
investigate and
4. Photographs
prosecute(jurisdi
ction starts from
15 km from
shoreline)
4. PCG to
apprehend
violators

COMPLAINT

(ANYONE MAY FILE in
Court or Prosecutor’s Office

NO
PROBABLE
CAUSE

YES

DISMISS
JUDGMENT

FILE
INFORMATION

TRIAL

ARRAIGNMENT
AND PLEA

PRE-TRIAL

Procedure in the
Issuance of TEPO
If the relief was prayed for in the
complaint, on the ground of extreme
urgency and the applicant will suffer
grave injustice and irreperable injury, the
court may issue ex parte a TEPO effective
for 72 hours from date of receipt of the
order by the adverse party. Within the
said period the court where the case is
assigned shall conduct a summary
hearing whether the TEPO may be
extended until termination of the case. No

What is the ground for the
lifting of a TEPO?
The TEPO may be dissolved if it
appears after hearing that the
issuance/continuance would cause
irreperable damage to the party
enjoined while the applicant may be
fully compensated. The party
enjoined shall post sufficient bond.

1. What are the requirements of an Answer?
.It must be verified and filed within 15 days from
receipt of the summons
.Affidavits of witnesses, reports, studies of experts
and all evidence must be attached
2. What is the effect of failure to file Answer?
.Defendant shall be declared in default and upon
motion of the plaintiff, court shall receive evidence
ex parte and render judgment on such.
3. How to plead SLAPP as an affirmative defense?
.The defense shall be stated in the answer and shall
also be accompanied by documents and affidavits
papers and other evidence. As counterclaim, pray
for damages, attorrneys fees and costs of suit. A
summary hearing shall be conducted and the
plaintiff shall prove that the suit is not a SLAPP

What constitute a judgment in a citizen’s suit
 The court may grant protectionpreservation or
rehabilitation of the environment and the payment of
attorney’s fees, costs of suit and other litigation
expenses. It may also require the violator to submit a
program of rehabilitation or restoration of the
environment, the costs of which shall be borne by the
violator, or to contribute to a special trust fund for
that purpose subject to the control of the court
 Judgment is executory pending appeal unless
restrained by appelate court
 A TEPO may be converted into an EPO or the court
may grant a writ of continuing mandamus
 The court may order the submission of reports on
the execution of the judgment

WRIT OF KALIKASAN TEST CASES
WEST TOWER VS. FPIC –first Writ of KC by SC. Oil
pipeline leak in Makati City
GLOBAL LEGAL ACTION ON CLIMATE CHANGERainwater Collector petition (42,000) barangays
nationwide
Anislagan Bantay Kalikasan Task Force, Inc.
(ABAKATAF) asked the RTC Surigao City to stop
all exploration and extraction activities of the
Manila Mining Corp., the Copper Gold Resources
and Silangan Mindanao Mining Inc.

MABBALO!