RELEVANT

ENVIRONMENTAL LAWS
FOR PORT POLICE
OFFICERS
ATTY. SANTIAGO L. PAGADDUT, JR.
DENR RO1-LEGAL DIVISION

PPA Training Center, Poro, SFC, La Union

Nov 28, 2019
Topics
 A. SUBSTANTIVE LAWS
 1. RA 9147 or the wildlife resources conservation and protection act of
2001
 2. PD 705 or the Revised Forestry Code (1975) of the Phil as amended
 3. RA 9175 or the chainsaw act of 2002
 4. RA 6969 or the “Toxic Substances and Hazardous and Nuclear Wastes
Control Act of 1990.”
 5. RA 7942 or the Phil Mining Act of 1995 (Atty. Mario Timario of the MGB)
 B. PROCEDURAL LAWS
 6. A.M. No. 09-6-8-SC or the RULES OF PROCEDURE FOR ENVIRONMENTAL
CASES OF 2010
RA 9147 or the wildlife resources
conservation and protection act of 2001

 Section 2. Declaration of Policy. It shall be the policy of the State

to conserve the country's wildlife resources and their habitats for
sustainability. In the pursuit of this policy, this Act shall have the
following objectives:
 (a) to conserve and protect wildlife species and their habitats to
promote ecological balance and enhance biological diversity;
 (b) to regulate the collection and trade of wildlife;
 (c) to pursue, with due regard to the national interest, the Philippine
commitment to international conventions, protection of wildlife and
their habitats; and
 (d) to initiate or support scientific studies on the conservation of
biological diversity.
Section 5. Definition of Terms. As used in
the Act, the term:

 (x) "Wildlife" means wild forms and varieties of flora and

fauna, in all developmental stages, including those which
are in captivity or are being bred or propagated;
 (e) "Conservation" means preservation and sustainable
utilization of wildlife, and/or maintenance, restoration
and enhancement of the habitat;
Section 27. Illegal Acts. - Unless otherwise allowed in accordance with
this Act, it shall be unlawful for any person to willfully and knowingly
exploit wildlife resources and their habitats, or undertake the following
acts;
(a) killing and destroying wildlife species, except in the following instances;
(i) when it is done as part of the religious rituals of established tribal groups or indigenous
cultural communities;
(ii) when the wildlife is afflicted with an incurable communicable disease;
(iii) when it is deemed necessary to put an end to the misery suffered by the wildlife;
(iv) when it is done to prevent an imminent danger to the life or limb of a human being;
and
(v) when the wildlife is killed or destroyed after it has been used in authorized research or
experiments.
(b) inflicting injury which cripples and/or impairs the reproductive system of wildlife
species;
Section 27. Illegal Acts. - Unless otherwise allowed in accordance with
this Act, it shall be unlawful for any person to willfully and knowingly
exploit wildlife resources and their habitats, or undertake the following
acts;
(c) effecting any of the following acts in critical habitat(s)
(i) dumping of waste products detrimental to wildlife;
(ii) squatting or otherwise occupying any portion of the critical habitat;
(iii) mineral exploration and/or extraction;
(iv) burning;
(v) logging; and
(vi) quarrying
(d) introduction, reintroduction or restocking of wildlife resources;
(e) trading of wildlife;
(f) collecting, hunting or possessing wildlife, their by-products and derivatives;
(g) gathering or destroying of active nests, nest trees, host plants and the like;
(h) maltreating and/or inflicting other injuries not covered by the preceding paragraph; and
(i) transporting of wildlife.
Section 5. Definition of Terms. As used
in the Act, the term:
 (t) "Trade" means the act of engaging in the exchange,
exportation or importation, purchase or sale of wildlife,
their derivatives or by-products, locally or internationally;
Section 5. Definition of Terms. As used
in the Act, the term:
 (v) "Transport permit" means a permit issued authorizing an individual
to bring wildlife from one place to another within the territorial
jurisdiction of the Philippines;
 (n) "Import permit" refers to a permit authorizing an individual to
bring in wildlife from another country;
 (k) "Export permit" refers to a permit authorizing an individual to
bring out wildlife from the Philippines to any other country;
 (q) "Reexport permit" refers to a permit authorizing an individual to
bring out of the country a previous imported wildlife;
PD 705 or the Revised Forestry Code of the
Phil of 2.
Section 1975 as The
Policies. amended
State hereby adopts the following
policies:
(a) The multiple uses of forest lands shall be oriented to the
development and progress requirements of the country, the
advancement of science and technology, and the public
welfare;
(b) Land classification and survey shall be systematized and
hastened;
(c) The establishment of wood-processing plants shall be
encouraged and rationalized; and
(d) The protection, development and rehabilitation of forest
lands shall be emphasized so as to ensure their continuity in
productive condition.
Section 3. Definitions.

 (q) Forest product means timber, pulpwood, firewood,

bark, tree top, resin, gum, wood, oil, honey, beeswax,
nipa, rattan, or other forest growth such as grass, shrub,
and flowering plant, the associated water, fish, game,
scenic, historical, recreational and geologic resources in
forest lands.
Section 68. Cutting, gathering and/or collecting timber or other
products without license.

 Any person who shall cut, gather, collect, or remove timber

or other forest products from any forest land, or timber from
alienable and disposable public lands, or from private lands,
without any authority under a license agreement, lease,
license or permit, shall be guilty of qualified theft as defined
and punished under Articles 309 and 310 of the Revised
Penal Code; Provided, That in the case of partnership,
association or corporation, the officers who ordered the
cutting, gathering or collecting shall be liable, and if such
officers are aliens, they shall, in addition to the penalty, be
deported without further proceedings on the part of the
Commission on Immigration and Deportation.
EXECUTIVE ORDER NO. 277 July 25, 1987
AMENDING SECTION 68 OF PRESIDENTIAL
DECREE (P.D.) NO. 705
Sec. 1. Section 68 of Presidential Decree (P.D.) No. 705, as amended, is hereby amended
to read as follows:
"Sec. 68. Cutting, Gathering and/or collecting Timber, or Other Forest Products Without
License. Any person who shall cut, gather, collect, removed (1st type of offense) timber or
other forest products from any forest land, or timber from alienable or disposable public
land, or from private land, without any authority, or possess (2nd type of offense) timber or
other forest products without the legal documents as required under existing forest
laws and regulations, shall be punished with the penalties imposed under Articles 309
and 310 of the Revised Penal Code: Provided, That in the case of partnerships,
associations, or corporations, the officers who ordered the cutting, gathering, collection or
possession shall be liable, and if such officers are aliens, they shall, in addition to the
penalty, be deported without further proceedings on the part of the Commission on
Immigration and Deportation.
Section 68. Cutting, gathering and/or
collecting timber or other products without
license.
 The Court shall further order the confiscation in favor of the
government of the timber or forest products to cut, gathered,
collected or removed, and the machinery, equipment, implements and
tools used therein, and the forfeiture of his improvements in the area.
 The same penalty plus cancellation of his license agreement, lease,
license or permit and perpetual disqualification from acquiring any
such privilege shall be imposed upon any licensee, lessee, or
permittee who cuts timber from the licensed or leased area of
another, without prejudice to whatever civil action the latter may
bring against the offender.
WON transport is covered by Sec 68 of
PD 705.
 GALO MONGE, petitioner, vs.PEOPLE OF THE PHILIPPINES, respondent.
(2008)
 On 20 July 1994, petitioner and Potencio were found by barangay tanods
Serdan and Molina in possession of and transporting three (3) pieces of
mahogany lumber in Barangay Santo Domingo, Iriga City. Right there and
then, the tanods demanded that they be shown the requisite permit and/or
authority from the Department of Environment and Natural Resources (DENR)
but neither petitioner nor Potencio was able to produce any.3
 Petitioner and Potencio were caught in flagrante delicto transporting, and
thus in possession of, processed mahogany lumber without proper authority
from the DENR.
Court’s Ruling

 In the second offense, however, it is immaterial whether or not the cutting,

gathering, collecting and removal of forest products are legal precisely
because mere possession of forest products without the requisite documents
consummates the crime
 In the second offense, it is immaterial whether the cutting, gathering,
collecting and removal of the forest products are legal or not. Mere
possession of forest products without the proper documents consummates the
crime. Whether or not the lumber comes from a legal source is immaterial
because the Forestry Code is a special law which considers mere possession of
timber or other forest products without the proper documentation as malum
prohibitum. (Crescencio vs RP 2014)
DENR Administrative Order No. 07 of
1994
 Sec 4. The transport/shipment of forest products shall be
accompanied or covered by a Certificate of
Origin/Verification issued by DENR.
 See exemptions on Sec 10 of DAO 07-1994
E.g. transport/shipment of finished/semi-finished, or
knocked-down forest, provided that these are accompanied
by a delivery receipt or sales invoice, together with the tally
sheets.
Export authority for finished and semi-
finished wood products under DAO 91-54
 Export Authority- a document issued by the RED of DENR allowing the
exportation of any wood-based products containing the following
information: 1. name of species used; 2. Kinds of forms of products to
be exported including its number, volume and specifications; 3. the
export price; 4. date and place of loading; and 5. country of
destination.
RA 9175 or the chainsaw act of 2002

 AN ACT REGULATING THE OWNERSHIP, POSSESSION, SALE,

IMPORTATION AND USE OF CHAIN SAWS, PENALIZING VIOLATIONS
THEREOF AND FOR OTHER PURPOSES
 Section 2. Declaration Policy. – It is the policy of the State consistent
with the Constitution, to conserve, develop and protect the forest
resources under sustainable management. Toward this end, the State
shall pursue an aggressive forest protection program geared towards
eliminating illegal logging and other forms of forest destruction which
are being facilitated with the use of chain saws. The State shall
therefore regulate the ownership, possession, sale, transfer,
importation and/or use of chain saws to prevent them from being
used in illegal logging or unauthorized clearing of forests.
Section 3. Definition of Terms. - As used
in this Act, the term:
 (a) "Chain saw" shall refer to any portable power saw or similar
cutting implement, rendered operative by an electric or internal
combustion engine or similar means, that may be used for, but is not
limited to, the felling of trees or the cutting of timber;
Section 6. Registration of Chain Saws

 Within a period of three (3) months from the effectivity hereof, all
persons who own or are otherwise in possession of chain saws must
register the same with the Department, through any of its Community
Environment and Natural Resources Office, which shall issue the
corresponding registration certificate or permit if it finds such persons
to be qualified hereunder.
 Every permit to possess and/or use a chain saw for legitimate purpose
shall be valid for two (2) years upon issuance: Provided, That permits
to possess and use chainsaw issued to non-commercial orchard and
fruit tree farmers shall be valid for a period of five (5) years upon
issuance. For this purpose, the Department shall be allowed to collect
reasonable registration fees for the effective implementation of this
Act.
Section 7. Penal Provisions. -

 (a) Selling, Purchasing, Re-selling, Transferring, Distributing or

Possessing a Chain Saw Without a Proper Permit. - Any person who sells,
purchases, transfer the ownership, distributes or otherwise disposes or
possesses a chain saw without first securing the necessary permit from
the Department shall be punished with imprisonment of four (4) years,
two (2) months and one (1) day to six (6) years or a fine of not less than
Fifteen thousand pesos (P15,000.00) but not more Thirty thousand pesos
(30,000.00) or both at the discretion of the court, and the chain saw/s
confiscated in favor of the government.
 (2) Unlawful Importation or Manufacturing of Chain Saw. - Any person
who imports or manufactures a chain saw without obtaining prior
authorization from the Department shall be punished by imprisonment
of not less than one (1) month nor more than six (6) months and a fine
of not less than One thousand pesos (P1,000.00) for more than Four
thousand pesos (P4,000.00).
Section 7. Penal Provisions. -

 (3) Tampering of Engine Serial Number. - Any person who is found to have
defaced or tampered with the original registered engine serial number of
any chain saw unit shall be punished by imprisonment of not less than one
(1) month nor more than six (6) months and a fine of not less than One
thousand pesos (P1,000.00) nor more than Four thousand pesos
(P4,000.00).
 (4) Actual Unlawful Use of Chain Saw. - Any person who is found to be in
possession of a chain saw and uses the same to cut trees and timber in
forest land or elsewhere except as authorized by the Department shall be
penalized with imprisonment of six (6) years and one (1) day to eight (8)
years or a fine of not less that Thirty thousand pesos (P30,000.00) but not
more than Fifty thousand pesos (P50,000.00) or both at the discretion of
the court without prejudice to being prosecuted for a separate offense
that may have been simultaneously committed. The chain saw unlawfully
used shall be likewise confiscated in favor of the government.
Section 7. Penal Provisions. -

 If the violation under this Section is committed by or through the

command or order of another person, partnership or corporation, the
penalties herein provided shall likewise be imposed on such other
person, or the responsible officer(s) in such partnership or
corporation.
 If the offender is a public official or employee, in addition to the
above penalties, he shall be removed from office and perpetually
disqualified from holding any public office.
 The chain saws confiscated under this Section shall be sold at public
auction to qualified buyers and the proceeds thereof shall go to the
Department.
RA 7942 or the Phil Mining Act of 1995

 Section 2 Declaration of Policy

 All mineral resources in public and private lands within the territory
and exclusive economic zone of the Republic of the Philippines are
owned by the State. It shall be the responsibility of the State to
promote their rational exploration, development, utilization and
conservation through the combined efforts of government and the
private sector in order to enhance national growth in a way that
effectively safeguards the environment and protect the rights of
affected communities.
Section 3
Definition of Terms
 ad. Mineral resource means any concentration of minerals/rocks with
potential economic value.
 q. Exploration means the searching or prospecting for mineral resources by
geological, geochemical or geophysical surveys, remote sensing, test pitting,
trenching, drilling, shaft sinking, tunneling or any other means for the
purpose of determining the existence, extent, quantity and quality thereof
and the feasibility of mining them for profit.
 aa. Minerals refers to all naturally occurring inorganic substance in solid, gas,
liquid, or any intermediate state excluding energy materials such as coal,
petroleum, natural gas, radioactive materials, and geothermal energy.
 y. Mineral processing means the milling, beneficiation or upgrading of ores or
minerals and rocks or by similar means to convert the same into marketable
products.
Section 3
Definition of Terms
 at. Quarry resources refers to any common rock or other mineral substances
as the Director of Mines and Geosciences Bureau may declare to be quarry
resources such as, but not limited to, andesite, basalt, conglomerate, coral
sand, diatomaceous earth, diorite, decorative stones, gabbro, granite,
limestone, marble, marl, red burning clays for potteries and bricks, rhyolite,
rock phosphate, sandstone, serpentine, shale, tuff, volcanic cinders, and
volcanic glass: Provided, That such quarry resources do not contain metals or
metallic constituents and/or other valuable minerals in economically
workable quantities: Provided, further, That non-metallic minerals such as
kaolin, feldspar, bull quartz, quartz or silica, sand and pebbles, bentonite,
talc, asbestos, barite, gypsum, bauxite, magnesite, dolomite, mica, precious
and semi-precious stones, and other non-metallic minerals that may later be
discovered and which the: Director declares the same to be of economically
workable quantities, shall not be classified under the category of quarry
resources.
Section 3
Definition of Terms
 ar. Quarrying means the process of extracting, removing and disposing
quarry resources found on or underneath the surface of private or
public land.
TRANSPORT, SALE AND PROCESSING OF
MINERALS
 Section 53
Ore Transport Permit
 A permit specifying the origin and quantity of non-processed mineral ores or
minerals shall be required for their transport. Transport permits shall be
issued by the mines regional director who has jurisdiction over the area
where the ores were extracted. In the case of mineral ores or minerals being
transported from the small-scale mining areas to the custom mills or
processing plants, the Provincial Mining Regulatory Board (PMRB) concerned
shall formulate their own policies to govern such transport of ores produced
by small-scale miners. The absence of a permit shall be considered as prima
facie evidence of illegal mining and shall be sufficient cause for the
Government to confiscate the ores or minerals being transported, the tools
and equipment utilized, and the vehicle containing the same. Ore samples
not exceeding two metric tons (2 m.t.) to be used exclusively for assay or
pilot test purposes shall be exempted from such requirement.
Issuance of Mineral Ore Export Permit (MOEP)
for Transport/ Shipment Outside the
Philippines of Mineral Ores, Including Tailings
 All exports of mineral ore(s), including tailings are hereby required to apply
for Mineral Ore Export Permit (MOEP) from the DENR, prior to loading
 Any permit holders, including small scale mining permits and other mining
rights holders who fail to present the MOEP in the course of
transport/shipment of the mineral ore(s), including tailings upon demand by
authorized MGB/DENR personnel and other deputies and/or law enforcement
authorities, shall be considered as prima facie evidence of illegal
mining/theft of minerals and shall be sufficient cause for the
seizure/confiscation of the said materials and the tools and equipment,
including the conveyances used in the transport/shipment of the said
materials. (DAO 2008-20)
RA 6969 or the “Toxic Substances and
Hazardous and Nuclear Wastes Control Act of
1990.”
 AN ACT TO CONTROL TOXIC SUBSTANCES AND HAZARDOUS AND NUCLEAR
WASTES, PROVIDING PENALTIES FOR VIOLATIONS THEREOF, AND FOR OTHER
PURPOSES
 SECTION 2. Declaration of Policy. — It is the policy of the State to regulate,
restrict or prohibit the importation, manufacture, processing, sale,
distribution, use and disposal of chemical substances and mixtures that
present unreasonable risk and/or injury to health or the environment; to
prohibit the entry, even in transit, of hazardous and nuclear wastes and their
disposal into the Philippine territorial limits for whatever purpose; and to
provide advancement and facilitate research and studies on toxic chemicals.
SECTION 5. Definition. — As used in this
Act:
 a) Chemical substance means any organic or inorganic substance of a
particular molecular identity, including:
 i) Any combination of such substances occurring in whole or in part as a result
of chemical reaction or occurring in nature; and
 ii) Any element or uncombined chemical.
 b) Chemical mixture means any combination of two or more chemical
substances if the combination does not occur in nature and is not, in whole or
in part, the result of a chemical reaction, if none of the chemical substances
comprising the combination is a new chemical substance and if the
combination could have been manufactured for commercial purposes without
a chemical reaction at the time the chemical substances comprising the
combination were combined. This shall include nonbiodegradable mixtures.
SECTION 5. Definition. — As used in this
Act:
 h) Hazardous wastes are hereby defined as substances that are without any
safe commercial, industrial, agricultural or economic usage and are shipped,
transported or brought from the country of origin for dumping or disposal into
or in transit through any part of the territory of the Philippines.
 Hazardous wastes shall also refer to by-products, side-products, process
residues, spent reaction media, contaminated plant or equipment or other
substances from manufacturing operations, and as consumer discards of
manufactured products.
 i) Nuclear wastes are hazardous wastes made radioactive by exposure to the
radiation incidental to the production or utilization of nuclear fuels but does
not include nuclear fuel, or radioisotopes which have reached the final stage
of fabrication so as to be usable for any scientific, medical, agricultural,
commercial, or industrial purpose.
SECTION 13. Prohibited Acts. — The
following acts and omissions shall be
considered unlawful:
 a) Knowingly use a chemical substance or mixture which is imported,
manufactured, processed or distributed in violation of this Act or
implementing rules and regulations or orders;
 b) Failure or refusal to submit reports, notices or other information,
access to records as required by this Act, or permit inspection of
establishment where chemicals are manufactured, processed, stored or
otherwise held;
 c) Failure or refusal to comply with the pre-manufacture and pre-
importation requirements; and
 d) Cause, aid or facilitate, directly or indirectly, in the storage,
importation, or bringing into Philippine territory, including its maritime
economic zones, even in transit, either by means of land, air or sea
transportation or otherwise keeping in storage any amount of hazardous
and nuclear wastes in any part of the Philippines.
Section 14

 d) The person or firm responsible or connected with the bringing or

importation into the country of hazardous or nuclear wastes shall be
under obligation to transport or send back said prohibited wastes;
IMPORT OF RECYCLABLE MATERIALS CONTAINING
HAZARDOUS SUBSTANCES AND EXPORT OF
HAZARDOUS WASTES (DA0 2013-22)
 Consistent with Department Administrative Order (DAO) No. 28, Series
of 1994, Department Administrative Order No. 28, Series of 1997,
Department Administrative Order No. 27, Series of 2001, and
Department Administrative Order No. 66. Series of 2004, importation
of recyclable materials containing hazardous substances, shall be
allowed only upon obtaining prior written approval from the Secretary
of the Department of Environment and Natural Resources or his duly
authorized representative, and in accordance with the rules and
regulations stipulated herein.
IMPORT OF RECYCLABLE MATERIALS
CONTAINING HAZARDOUS SUBSTANCES AND
EXPORT OF HAZARDOUS WASTES
 Hazardous Waste are allowed to be exported for recovery, treatment
and final disposal and to countries which are Pa-ties to the Basel
Convention on the Transboundary Movement of Hazardous Wastes and
their Disposal or to countries with existing bilateral, multilateral and
regional agreements as provided for in Article 1 1 of the Convention.
IMPORT OF RECYCLABLE MATERIALS
CONTAINING HAZARDOUS SUBSTANCES AND
EXPORT OF HAZARDOUS WASTES
 Import of recyclable materials containing hazardous substances or
export of hazardous waste, are approved by the DENR through the
EMB Central Office when all the requirements indicated in this
Chapter are met. The import or export clearance shall be issued after
the consent from the Competent Authority of the importing and
exporting countries have been received by the EMB. An import or
export clearance shall have the validity of six (6) months, unless
otherwise specified by the approval of the importing country.
Importation Clearance Requirement for
each Shipment
 Each shipment of imported recyclable material shall be covered by an
Importation Clearance (IC) which shall he applied for at least thirty
(30) working days prior to the actual importation. Only duly registered
importers may apply for the IC.
Testing and Sampling of Materials

 The DENR reserves the right to require, the testing and sampling of
the imported recyclable materials at the expense of the importer.
Refusal of the importer to the subject testing ,and sampling shall
result in the immediate suspension of the Importation Clearance.
Testing of imported materials shall he done by the DENR through its
EMB laboratory or any of its duly recognized laboratories.
A.M. No. 09-6-8-SC

 RULESOF PROCEDURE FOR

ENVIRONMENTAL CASES (RPEC) OF 2010
PART IV
CRIMINAL PROCEDURE
RULE 9
PROSECUTION OF OFFENSES

 Section 1. Who may file. - Any offended party, 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.
 Section 2. Filing of the information. - An information, charging a person with
a violation of an environmental law and subscribed by the prosecutor, shall be
filed with the court.
 Section 3. Special prosecutor. - In criminal cases, where there is no private
offended party, a counsel whose services are offered by any person or
organization may be allowed by the court as special prosecutor, with the
consent of and subject to the control and supervision of the public prosecutor.
RULE 11
ARREST
Section 1. Arrest without warrant; when lawful. - A peace officer or an individual
deputized by the proper government agency may, without a warrant, arrest a
person:
(a) When, in his presence, the person to be arrested has committed, is actually
committing or is attempting to commit an offense; or
(b) When an offense has just been committed, and he has probable cause to
believe based on personal knowledge of facts or circumstances that the person to
be arrested has committed it. Individuals deputized by the proper government
agency who are enforcing environmental laws shall enjoy the presumption of
regularity under Section 3(m), Rule 131 of the Rules of Court when effecting arrests
for violations of environmental laws.
Section 2. Warrant of arrest. - All warrants of arrest issued by the court shall be
accompanied by a certified true copy of the information filed with the issuing court.
RULE 12
CUSTODY AND DISPOSITION OF SEIZED ITEMS, EQUIPMENT,
PARAPHERNALIA, CONVEYANCES AND INSTRUMENTS

Section 1. Custody and disposition of seized items. - The custody and

disposition of seized items shall be in accordance with the applicable laws or
rules promulgated by the concerned government agency.
Section 2. Procedure. - In the absence of applicable laws or rules
promulgated by the concerned government agency, the following
procedure shall be observed:
(a) The apprehending officer having initial custody and control of the
seized items, equipment, paraphernalia, conveyances and instruments shall
physically inventory and whenever practicable, photograph the same in the
presence of the person from whom such items were seized.
RULE 21
DOCUMENTARY EVIDENCE

 Section 1. Photographic, video and similar evidence. - Photographs,

videos and similar evidence of events, acts, transactions of wildlife,
wildlife by-products or derivatives, forest products or mineral
resources subject of a case shall be admissible when authenticated by
the person who took the same, by some other person present when
said evidence was taken, or by any other person competent to testify
on the accuracy thereof.
 Section 2. Entries in official records. - Entries in official records
made in the performance of his duty by a public officer of the
Philippines, or by a person in performance of a duty specially enjoined
by law, are prima facie evidence of the facts therein stated.
RULE 6
STRATEGIC LAWSUIT AGAINST PUBLIC
PARTICIPATION
 Section 1. Strategic lawsuit against public participation (SLAPP). - A legal
action filed to harass, vex, exert undue pressure or stifle any legal recourse
that any person, institution or the government has taken or may take in the
enforcement of environmental laws, protection of the environment or
assertion of environmental rights shall be treated as a SLAPP and shall be
governed by these Rules.
 Section 2. SLAPP as a defense; how alleged. - In a SLAPP filed against a
person involved in the enforcement of environmental laws, protection of the
environment, or assertion of environmental rights, the defendant may file an
answer interposing as a defense that the case is a SLAPP and shall be
supported by documents, affidavits, papers and other evidence; and, by way
of counterclaim, pray for damages, attorney’s fees and costs of suit.
RULE 19
STRATEGIC LAWSUIT AGAINST PUBLIC
PARTICIPATION IN CRIMINAL CASES
 Section 1. Motion to dismiss. - Upon the filing of an information in court and
before arraignment, the accused may file a motion to dismiss on the ground
that the criminal action is a SLAPP.
 Section 2. Summary hearing. - The hearing on the defense of a SLAPP shall be
summary in nature. The parties must submit all the available evidence in
support of their respective positions. The party seeking the dismissal of the
case must prove by substantial evidence that his acts for the enforcement of
environmental law is a legitimate action for the protection, preservation and
rehabilitation 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.
X sues ABC Factory for violation of environmental
laws. On the other hand, the defendant factory filed
a libel suit against X. what defense does X may have?

 X may set up as a defense that the libel suit filed against

him by ABC factory is constituted as a SLAPP. This legal
action is done by the respondent in order to harass, vex,
exert undue pressure or stifle any legal recourse against
any person, institution or government in the enforcement
of environmental laws. In the case at bar, X was sued for
libel in relation to his legal action in the enforcement of
environmental laws. Henceforth, the libel case should be
dismissed.
 THE END!!!

Thank you!!!