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ENVIRONMENTAL LAW AND PROCEDURAL RULES


Antonio G.M. La Via and Josef Leroi L. Garia
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 e divided into three categories, viz: !hose that primaril" deal with#
1$ the regulation of exploitation, utilization and development of natural
resources%
&$ the preservation, protection, and conservation of flora and fauna% and
'$ pollution and environmental management.
!hose that elong to the first ate!or" include the following#
1$ Presidential (ecree )o. *+,, -evised .orestr" /ode, as amended "
Pres. (ecree )o. 1,,0, Executive 1rder )o. &**, and -epulic 2ct )o. *131%
&$ -ep. 2ct )o. 4,,+, Philippine .isheries /ode%
'$ -ep. 2ct )o. *+*3, People5s 6mall-6cale Mining 2ct% and
7$ -ep. 2ct. )o. *07&, Philippine Mining 2ct.
!hose that elong to the seond ate!or" include the following#
1$ -ep. 2ct )o. *,43, )ational 8ntegrated Protected 2reas 6"stem 2ct%
&$ -ep. 2ct )o. 017*, 9ildlife /onservation and Protection 2ct% and
'$ -ep. 2ct )o. 0+*&, )ational /aves and /ave -esources Management 2ct.
!hose that elong to the t#ird ate!or" include the following#
1$ Pres. (ecree )o. 0*0, Marine Pollution (ecree%
&$ Pres. (ecree )o. 1,43, Estalishing an Environmental 8mpact 6tatement
6"stem%
'$ -ep. 2ct )o. 4*70, /lean 2ir 2ct%
7$ -ep. 2ct )o. 0&*,, /lean 9ater 2ct%
,$ -ep. 2ct )o. 0++', Ecological 6olid 9aste Management 2ct% and
3$ -ep. 2ct )o. 3030, !oxic 6ustances and :azardous 9aste 2ct.
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$. R%&es of Proed%re for En'iron(enta& Cases
6upreme /ourt 2dministrative Matter )o. +0-3-4-6/ dated 2pril 1', &+1+
la"s down the Rules of Procedure for Environmental Cases1.
!hese -ules govern the procedure in civil, criminal, and special civil
actions efore the -egional !rial /ourts >-!/$, Metropolitan !rial /ourts >M!/$,
Municipal !rial /ourts in /ities >M!//$, Municipal !rial /ourts >M!/$, and
Municipal /ircuit !rial /ourts >M/!/$ involving enforcement or violations of
environmental and other related laws, rules, and regulations.&
C. En'iron(enta& La)s Co'ered *" t#e R%&es
8t is important to note that 6ection & on the Scope thereof gives an
enumeration of said laws and rules that the case e involved in ut inferentiall"
states that the listing is not exhaustive " using the phrase ?such as but not
limited to the following:
1$ 2ct )o. ',*&, Prohiition 2gainst /utting of !indalo, 2@li, and Molave !rees%
&$ Pres. (ecree )o. *+,, -evised .orestr" /ode%
'$ Pres. (ecree )o. 4,3, 6anitation /ode%
7$ Pres. (ecree )o. 0*0, Marine Pollution (ecree%
,$ Pres. (ecree )o. 1+3*, 9ater /ode%
3$ Pres. (ecree )o. 11,1, Philippine Environmental Polic" of 10**%
*$ Pres. (ecree )o. 17'', Plant Auarantine <aw of 10*4%
4$ Pres. (ecree )o. 1,43, Estalishing an Environmental 8mpact 6tatement
6"stem 8ncluding 1ther Environmental Management -elated Measures and
for 1ther Purposes%
0$ -ep. 2ct )o. ',*1, Prohiition 2gainst the /utting, (estro"ing or
8njuring of Planted or Browing !rees, .lowering Plants and 6hrus or
Plants of 6cenic ;alue along Pulic -oads, in Plazas, Par@s, 6chool Premises
or in an" 1ther Pulic Bround%
1+$ -ep. 2ct )o. 74,+, <aguna <a@e (evelopment 2uthorit" 2ct%
11$ -ep. 2ct )o. 3030, !oxic 6ustances and :azardous 9aste 2ct%
1&$ -ep. 2ct )o. *+*3, People5s 6mall-6cale Mining 2ct%
1'$ -ep. 2ct )o. *,43, )ational 8ntegrated Protected 2reas 6"stem 2ct including
all laws, decrees, orders, proclamations and issuances estalishing protected
areas%
17$ -ep. 2ct )o. *311, 6trategic Environmental Plan for Palawan 2ct%
1,$ -ep. 2ct )o. *07&, Philippine Mining 2ct%
13$ -ep. 2ct )o. 4'*1, 8ndigenous Peoples -ights 2ct%
1*$ -ep. 2ct )o. 4,,+, Philippine .isheries /ode%
1 2M. )o. +0-3-4-6/, Effective 2pril &0, &+1+.
& -=<E6 1. P-1/E(=-E .1- E);8-1)ME)!2< /26E6, -ule 1, 6ec. &.
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14$ -ep. 2ct )o. 4*70, /lean 2ir 2ct%
10$ -ep. 2ct )o. 0++', Ecological 6olid 9aste Management 2ct%
&+$ -ep. 2ct )o. 0+*&, )ational /aves and /ave -esource Management 2ct%
&1$ -ep. 2ct )o. 017*, 9ildlife /onservation and Protection 2ct%
&&$ -ep. 2ct )o. 01*,, /hainsaw 2ct%
&'$ -ep. 2ct )o. 0&*,, /lean 9ater 2ct%
&7$ -ep. 2ct )o. 074', 1il 6pill /ompensation 2ct of &++*% and
&,$ Provisions in /ommonwealth 2ct )o. 171, !he Pulic <and 2ct% -ep.
2ct )o. 33,*, /omprehensive 2grarian -eform <aw of 1044% -ep. 2ct
)o. *13+, <ocal Bovernment /ode of 1001% -ep. 2ct )o. *131, !ax
<aws 8ncorporated in the -evised .orestr" /ode and 1ther
Environmental <aws >2mending the )8-/$% -ep. 2ct )o. *'+4, 6eed
8ndustr" (evelopment 2ct of 100&% -ep. 2ct )o. *0++, :igh-;alue
/rops (evelopment 2ct% -ep. 2ct )o. 4+74, /oconut Preservation 2ct%
-ep. 2ct )o. 47',, 2griculture and .isheries Modernization 2ct of
100*% -ep. 2ct )o. 0,&&, !he Philippine 2rchipelagic Caselines <aw%
-ep. 2ct )o. 0,0', -enewale Energ" 2ct of &++4% -ep. 2ct )o.
03'*, Philippine Ciofuels 2ct% and other existing laws that relate to the
conservation, development, preservation, protection, and utilization of
the environment and natural resources.'
D. Prea%tionar" Prini+&e
!his is one of the distinctive features of this -ule.
,. Definition
9hen human activities have an environmental effect that ma" lead to >1$
threats to human life or health% >&$ ineDuit" to present or future generations% or
>'$ prejudice to the environment without legal consideration of the
environmental rights of those affected, although there is a lac@ of full scientific
certaint" in estalishing a causal lin@ thereto, the court shall appl" the
precautionar" principle in resolving the action to avoid or diminish that threat,
ineDuit" or prejudice. !he enefit of an" dout shall e given to the
constitutional right of the people to a alanced and healthful ecolog".7
' d.
7 d! -ule &+, 6ecs. 1 and &.
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-. A++&iation as a R%&e of E'idene
=nder the -ules of Procedure for Environmental /ases, the courts in civil,
criminal, and special civil actions shall appl" the precautionar" principle as a
rule of evidence.
.. Standards for A++&iation
8n appl"ing the precautionar" principle, the following factors, among
others, ma" e considered#
1$ threats to human life or health%
&$ ineDuit" to present or future generations% or
'$ prejudice to the environment without legal consideration of the
environmental rights of those affected.,
, d., 6ec. &.
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I. CRIMINAL CASES
A. Ori!ina& and E/&%si'e J%risdition of 0irst Le'e& Co%rts
,. Vio&ation of 0orestr" La)s
1.1. 2ll the criminal offenses punished under Pres. (ecree )o. *+, or
the -evised .orestr" /ode, as follows#
1$ /utting, gathering, collecting, possessing timer or other forest
products without license or permit >6ec. **$%
&$ =nlawful occupation or destruction of forest and grazing lands and
"aingin >6ec. *4$%
'$ Pasturing livestoc@ in pulic lands without authorit" >6ec. *0$%
7$ 8llegal occupation of national par@s and vandalism >6ec. 4+$%
,$ (estruction of wildlife resources >6ec. 41$%
3$ 6urve" " unauthorized persons >6ec. 4&$%
*$ Misclassification and surve" of forest land as alienale and disposale
land " pulic official or emplo"ee >6ec. 4'$%
4$ 8ssuance of tax declaration without (E)- certification >6ec. 47$%
0$ /oercion and influence of pulic official >6ec. 4,$%
1+$ =nlawful possession of implements and devices used " forest
officers >6ec. 43$%
11$ .ailure to pa", collect, or remit forest charges >6ec. 4*$% and
1&$ 6ale of wood products without compl"ing with grading rules >6ec. 44$.
1.& /riminal offenses under the /hain 6aw 2ct >-ep. 2ct )o. 01*,$#
1$ 6elling, purchasing, re-selling, transferring, distriuting or possessing a
chainsaw without permit%
&$ =nlawful importation or manufacture of chainsaw% and
'$ !ampering of engine serial numer.
-. Vio&ation of 0is#er" La)s
1ffenses punished under the Philippine .isheries /ode >-ep. 2ct )o.
4,,+$#
1$ =nauthorized fishing >6ec. 43$%
&$ Poaching >6ec. 4*$%
'$ Possession of explosives, noxious or poisonous sustance, or
Electrofishing devices >6ec. 44$%
7$ (ealing in, selling, disposing of, for profit, illegall" caught fish >6ec.44$%
,$ =se of fine mesh net >6ec. 40$%
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3$ =se of active gear in municipal waters and a"s >6ec. 0+$%
*$ /oral exploitation and exportation >6ec. 01$%
4$ 8llegal use of superlights >6ec. 0'$%
0$ .ishing in overfished and closed season areas >6ec. 0,$%
1+$ .ishing in fisher" reserves, refuge and sanctuaries >6ec. 03$%
11$ ;iolation of catch ceilings >6ec. 1+1$%
1&$ 8llegal gathering and mar@eting of shell fishes >6ec. 1+' EcF$%
1'$ 1struction to navigation or flow and e of tide >6ec. 1+' EdF$%
17$ 8llegal construction and operation of fish traps, fish pens and fish
cages >6ec. 1+' EeF$% and
1,$ 1struction of fisher" law enforcer >6ec. 1+3$.
.. Vio&ation of Minin! La)s
'.1./riminal offenses punished under the Philippine Mining 2ct >-ep.
2ct )o. *07&$#
1$ 8llegal exploration >6ec. 1+&$%
&$ !heft of minerals >6ec. 1+'$%
'$ (estruction of mining structures >6ec. 1+7$%
7$ 9illful damage to mine >6ec. 1+3$%
,$ 1struction of permittees or contractors >6ec. 1+*$%
3$ ;iolation of terms of Environmental /ompliance /ertificate >E//$
>6ec. 1+4$% and
*$ 1struction of government officials >6ec. 1+0$%
'.& 2ll ;iolations of the 6mall-6cale Mining 2ct >-ep. 2ct )o. *+*3$.
1. Vio&ation of NIPAS La)
2ll criminal offenses punished under 6ec. &+ of the )ational 8ntegrated
Protected 2reas <aw >-ep. 2ct )o. *,43$, as follows#
1$ :unting, destro"ing, disturing, or mere possession of an" plant or
animal or product derived therefrom without a permit from the Management
Coard%
&$ (umping of an" waste product detrimental to the protected area, or to
the plants and animals or inhaitants therein%
'$ =se of an" motorized eDuipment without a permit from the
Management Coard%
7$ Mutilating, defacing or destro"ing ojects of natural eaut" or ojects
of interest to cultural communities%
,$ (amaging and leaving roads and trails in a damaged condition%
3$ 6Duatting, mineral locating, or otherwise occup"ing an" land%
*$ /onstructing or maintaining an" @ind of structure, fences or
enclosures, conducting an" usiness enterprise without a permit%
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4$ <eaving in exposed or unsanitar" conditions refuse or deris, or
depositing in ground or in odies of water% and
0$ 2ltering, removing, destro"ing or defacing oundar" mar@s or signs.
2. Vio&ation of Wi&d&ife La)
/riminal offenses punished under 6ec. &* of the 9ildlife /onservation
and Protection 2ct >-ep. 2ct )o. 017*$#
1$ Killing and destro"ing wildlife species, except in the following instances%
a$ when it is done as part of the religious rituals of estalished trial
groups or indigenous cultural communities%
$ when the wildlife is afflicted with an incurale communicale
disease%
c$ when it is deemed necessar" to put an end to the miser"
suffered " the wildlife%
d$ when it is done to prevent an imminent danger to the life or lim
of a human eing% and
e$ when the wildlife is @illed or destro"ed after it has een used in
authorized research or experiments.
&$ 8nflicting injur" which cripples andGor impairs the reproductive s"stem of
wildlife species%
'$ !rading of wildlife%
7$ /ollecting, hunting or possessing wildlife, their "-products and derivatives%
,$ Bathering or destro"ing of active nests, nest trees, host plants and the li@e%
3$ Maltreating andGor inflicting other injuries not covered " the preceding
paragraph% and
4$ !ransporting of wildlife.
3. Vio&ation of Ca'e La)s
/riminal offenses punished under 6ecs. * and 4 of the )ational /aves
and /ave -esources Management 2ct >-ep. 2ct )o. 0+*&$#
1$ Knowingl" destro"ing, disturing, defacing, marring, altering, removing,
or harming the speleogem or speleothem of an" cave or altering the
free movement of an" animal or plant life into or out of an" cave%
&$ Bathering, collecting, possessing, consuming, selling, artering or
exchanging or offering for sale without authorit" an" cave resource%
and
'$ /ounseling, procuring, soliciting or emplo"ing an" other person to
commit an" of the aove acts.
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4. Vio&ation of Po&&%tion La)s
*.1 /riminal offenses punished under 6ec. 7 of the Marine Pollution
(ecree >Pres. (ecree )o. 0*0$#
1$ (ischarge or dumping of oil, noxious gaseous and liDuid
sustances and other harmful sustances from or out of an" ship,
vessel, arge, or an" other floating craft, or other man-made
structures at sea%
&$ (ischarge or dumping of an" refuse matter other than that flowing
from streets and sewers out of an" ship, arge, or other floating
craft of vessel, or from the shore, wharf, manufacturing
estalishment, or mill into triutar" of an" navigale water% and
'$ (epositing of material of an" @ind on the an@ of a navigale water
or its triutar".
*.& /riminal offense of failure to underta@e clean-up operations3,
willfull" or through gross negligence, as punished under 6ec. &4 of the
/lean 9ater 2ct >-ep. 2ct )o. 0&*,$.
*.' 2ll criminal offenses of violations of provisions of the /lean 2ir 2ct
>-ep. 2ct )o. 4*70$ other than those administrativel" penalized under
6ecs. 7, and 73 and those considered as gross violations under 6ec. 74
thereof.
*.7 /riminal offenses punished under 6ecs. 74 and 70 of the
Ecological 6olid 9aste Management 2ct >-ep. 2ct )o. 0++'$#
1$ <ittering, throwing, dumping of waste matters in pulic places%
&$ 1perating, collecting or transporting eDuipment in violation of
sanitation reDuirements or permits%
'$ 1pen urning of solid waste%
7$ /ausing or permitting the collection of non-segregated or unsorted
wastes%
,$ 6Duatting in open dumps and landfills%
3$ 1pen dumping, ur"ing of iodegradale or non-iodegradale
materials in flood prone areas%
*$ =nauthorized removal of rec"clale material intended for collection
" authorized persons%
3 -epulic 2ct )o. 0&*, E&++7F, 6ec. 7 >g$# /lean-up operations means activities involving the
removal of pollutants discharged or spilled into a water od" and its surrounding areas, and the
restoration of the affected areas to their former ph"sical, chemical and iological state or
conditions.
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4$ Mixing of source-separated rec"clale material with other solid
waste in an" vehicle, ox, container or receptacle used in solid waste
collection or disposal%
0$ Estalishment or operation of open dumps as enjoined in this 2ct,
or closure of said dumps in violation of 6ec. '*%
1+$ Manufacture, distriution or use of non-environmentall" acceptale
pac@aging materials%
11$ 8mportation of consumer products pac@aged in nonenvironmentall"
acceptale materials%
1&$ 8mportation of toxic wastes misrepresented as Hrec"claleH or Hwith
rec"clale contentH%
1'$ !ransport and dumping in ul@ of collected domestic, industrial,
commercial, and institutional wastes in areas other than prescried
centers or facilities%
17$ 6ite preparation, construction, expansion or operation of waste
management facilities without an Environmental /ompliance
/ertificate and conforming with the land use plan of the <B=%
1,$ /onstruction of an" estalishment within two hundred >&++$ meters
from open dumps or controlled dumps, or sanitar" landfill% and
13$ /onstruction or operation of landfills or an" waste disposal facilit"
on an" aDuifer, groundwater reservoir, or watershed area and or
an" portions thereof.
*., /riminal offenses punished under 6ec. 1' of the !oxic 6ustances
and :azardous 9aste 2ct >-ep. 2ct )o. 3030$#
1$ =se of chemical sustance or mixture which is imported,
manufactured, processed or distriuted in violation of the 2ct or its
implementing rules and regulations or orders%
&$ .ailure or refusal to sumit reports, notices or other information,
access to records, as reDuired " the 2ct, or to permit inspection of
estalishment where chemicals are manufactured, processed,
stored or otherwise held% and
'$ .ailure or refusal to compl" with pre-manufacture and preimportation
reDuirements.
$. Ori!ina& and E/&%si'e J%risdition of Seond Le'e& Co%rts
,. Vio&ation of 0orestr" La)s
/rime of actual unlawful use of chain saws under 6ec. * >7$ of the
/hain 6aw 2ct >-ep. 2ct )o. 01*,$.
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-. Vio&ation of 0is#er" La)s
/riminal offenses punished under the Philippine .isheries /ode >-ep.
2ct )o. 4,,+$#
1$ 2ctual use of explosives, noxious or poisonous sustance, or
electro-fishing devices >6ec. 44 E'F$%
&$ Muro-ami >6ec. 0&$%
'$ /onversion of mangroves >6ec. 07$%
7$ .ishing or ta@ing rare, threatened or endangered species >6ec. 0*$%
,$ /apture of saalo or other reedersGspawners >6ec. 04$%
3$ 8mportation or exportation of fish or fisher" species >6ec. 1++$%
*$ 2Duatic pollution >6ec. 1+&$% and
4$ 1struction of defined migration paths >6ec. 1+,$.
.. Vio&ation of Minin! La)s
/riminal offense of mines arson punished under 6ec. 1+, of the
Philippine Mining 2ct >-ep. 2ct )o. *07&$.
1. Vio&ation of Wi&d&ife La)s
/riminal offenses punished under the 9ildlife /onservation and Protection
2ct >-ep. 2ct )o. 017*$#
1$ Effecting an" of the following acts in critical haitats#
a$ (umping of waste products detrimental to wildlife%
$ 6Duatting or otherwise occup"ing an" portion of the
critical haitat%
c$ Mineral exploration andGor extraction%
d$ Curning%
e$ <ogging% and
f$ Auarr"ing.
&$ 8ntroduction, reintroduction or restoc@ing of wildlife resources.
2. Vio&ation of Ca'e La)s
/riminal offenses when committed " persons furnishing the capital to
accomplish the same, as penalized under 6ecs. * and 4 of the )ational
/aves and /ave -esources Management 2ct >-ep. 2ct )o. 0+*&$#
1$ Knowingl" destro"ing, disturing, defacing, marring, altering,
removing, or harming the speleogem or speleothem of an" cave or
altering the free movement of an" animal or plant life into or out of
an" cave%
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&$ Bathering, collecting, possessing, consuming, selling, artering or
exchanging or offering for sale without authorit" an" cave resource%
and
'$ /ounseling, procuring, soliciting or emplo"ing an" other person to
commit an" of the aove acts.
3. Vio&ation of Po&&%tion La)s
3.1 /riminal offenses punished under 6ec. &4 of the /lean 9ater 2ct
>-ep. 2ct )o. 0&*,$#
1$ .ailure or refusal to underta@e clean-up operations, willfull", or
through gross negligence resulting in serious injur" or loss of life
andGor irreversile contamination of surface, ground, coastal and
marine water%
&$ (elierate discharge of toxic pollutants identified pursuant to -ep.
2ct )o. 3030 in toxic amounts%
'$ .ive >,$ or more violations of the /lean 9ater 2ct within a period of
two >&$ "ears% and
7$ Clatant disregard of the orders of the Pollution 2djudication Coard
>P2C$, such as the non-pa"ment of fines, rea@ing of seals, or
operating despite the existence of an order for closure,
discontinuance or cessation of operation.
3.& 2ll criminal offenses considered as gross violations of the /lean
2ir 2ct >-ep. 2ct )o. 4*70$, as enumerated under 6ec. 74 thereof#
1$ !hree >'$ or more specific offenses within a period of one >1$ "ear%
&$ !hree >'$ or more specific offenses with three >'$ consecutive
"ears%
'$ Clatant disregard of the orders of the P2C, such as, ut not limited
to the rea@ing of seal, padloc@s and other similar devices, or
operation despite the existence of an order for closure,
discontinuance or cessation of operation% and
7$ 8rreparale or grave damage to the environment as a conseDuence
of an" violation of the provisions of the /lean 2ir 2ct.
3.' /riminal offense of causing, aiding or facilitating, directl" or
indirectl", in the storage, importation, or ringing into Philippine territor",
including its maritime economic zones, even in transit, either " means of
land, air or sea transportation, or otherwise @eeping in storage an" amount
of hazardous and nuclear wastes in an" part of the Philippines, as
punished under 6ec. 1' of the !oxic 6ustances and :azardous 9aste
2ct >-ep. 2ct )o. 3030$.
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C. Arrest
,. Warrant&ess Arrest
2 peace officer or an individual deputized " the proper government
agenc" ma", without a warrant, arrest a person#
1$ 9hen, in his presence, the person to e arrested has committed, is
actuall" committing or is attempting to commit an offense% or
&$ 9hen an offense has just een committed, and he has proale
cause to elieve, ased on personal @nowledge of facts or
circumstances that the person to e arrested has committed it.*
-. A++&iation of Pres%(+tion of Re!%&arit" to De+%ti5ed Indi'id%a&s
2 peace officer or an individual deputized " the proper government
agenc" ma" effect a warrantless arrest. 8ndividuals deputized " the
proper government agenc" who are enforcing environmental laws shall
enjo" the presumption of regularit", under 6ec. '>m$, -ule 1'1 of the
-ules of /ourt, when effecting arrests for violations of environmental
laws.4
.. Arrest Warrant
2ll warrants of arrest issued " the court shall e accompanied " a
certified true cop" of the information filed with the issuing court.0
D. C%stod" and Dis+osition of Sei5ed Ite(s
,. A++&ia*i&it" of R%&es of Go'ern(ent A!en"
!he custod" and disposition of seized items shall e in accordance
with the applicale laws or rules promulgated " the concerned
government agenc".1+
* -=<E6 1. P-1/E(=-E .1- E);8-1)ME)!2< /26E6, -ule 11, 6ec. 1% 6ee section on #$RES%R&:
'uthorit( to )eputize Environment and *atural Resources $fficers and #S+ERES: 'uthorit(
over ,unicipal -aters and .urisdiction of the )'/0#'R, susections on 1aw Enforcement.
4 d., -ule 11, 6ec. 1>$.
9 d., 6ec. &.
1+ d., -ule 1&, 6ec. 1% 6ee 2ppendices for (E)- and (2-C.2- rules on seizure and custod" of
forest products, fish catch, vehicles, oats, and logging and fishing paraphernalia.
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-. A++&ia*i&it" of R%&es of Proed%re for En'iron(enta& Cases
8n the asence of applicale laws or rules promulgated " the
concerned government agenc", -ule 1&, 6ec. & of the -ules of Procedure
for Environmental /ases shall appl".11
.. Do%(entation of Sei5ed Ite(s
!he apprehending officer having initial custod" and control of the
seized items, eDuipment, paraphernalia, conve"ances and instruments
shall ph"sicall" inventor" and, whenever practicale, photograph the same
in the presence of the person from whom such items were seized.1&
1. Ret%rn of Sear# Warrant or S%*(ission of Re+ort
!he apprehending officer shall sumit to the issuing court the return of
the search warrant within five >,$ da"s from date of seizure or, in case of
warrantless arrest, sumit within five >,$ da"s from date of seizure the
inventor" report, compliance report, photographs, representative samples
and other pertinent documents to the pulic prosecutor for appropriate
action.1'
2. A%tion of Sei5ed Ite(s
=pon motion " an" interested part", the court ma" direct the auction
sale of seized items, eDuipment, paraphernalia, tools or instruments of the
crime. !he court shall, after hearing, fix the minimum id price ased on
the recommendation of the concerned government agenc". !he sheriff
shall conduct the auction.17
!he auction sale shall e with notice to the accused, the person from
whom the items were seized, or the owner thereof and the concerned
government agenc". !he notice of auction shall e posted in three
conspicuous places in the cit" or municipalit" where the items, eDuipment,
paraphernalia, tools or instruments of the crime were seized. !he
proceeds shall e held in trust and deposited with the government
depositor" an@ for disposition according to the judgment.1,
11 d., -ule 1&, 6ec. &.
1& d.!6ec.& >a$.
1' d.! 6ec.& >$.
17 d.! -ule 1&, 6ec.&>c$.
1, d., 6ec.& >d,e, and f$.
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K-17
E. Co(+&aint and Infor(ation
,. W#o Ma" Initiate
2n" offended part", peace officer or an" pulic officer charged with
the enforcement of an environmental law ma" file a complaint efore the
proper officer in accordance with the -ules of /ourt.13
-. 0i&in! of Infor(ation
!he information charging a person with a violation of an
environmental law and suscried " the prosecutor shall e filed with the
court. 1*
.. S+eia& Prose%tor
9here there is no private offended part", a counsel whose services
are offered " an" person or organization ma" e allowed " the court as
special prosecutor, with the consent of and suject to the control and
supervision of the pulic prosecutor.14
0. $ai&
,. W#ere 0i&ed6 7o&d De+art%re Order
Cail in the amount fixed ma" e filed with the court where the case is
pending, or in the asence or unavailailit" of the judge thereof, with an"
regional trial judge, metropolitan trial judge, municipal trial judge or
municipal circuit trial judge in the province, cit" or municipalit". 8f the
accused is arrested in a province, cit" or municipalit" other than where the
case is pending, ail ma" also e filed with an" -egional !rial /ourt of
said place, or if no judge thereof is availale, with an" metropolitan trial
judge, municipal trial judge or municipal circuit trial judge therein. 8f the
court grants ail, the court ma" issue a hold-departure order in appropriate
cases.10
13 d., -ule 0, 6ec. 1.
1* d., 6ec. &.
14 d., 6ec. '.
19 d., -ule 17, 6ec. 1.
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-. Conditions for Grant of $ai&
Cefore granting the application for ail, the judge must read the
information in a language @nown to and understood " the accused and
reDuire the accused to sign a written underta@ing, as follows#
1$ !o appear efore the court that issued the warrant of arrest for
arraignment purposes on the date scheduled, and if the accused fails
to appear without justification on the date of arraignment, accused
waives the reading of the information and authorizes the court to enter
a plea of not guilt" on ehalf of the accused and to set the case for
trial%
&$ !o appear whenever reDuired " the court where the case is pending%
and
'$ !o waive the right of the accused to e present at the trial, and upon
failure of the accused to appear without justification and despite due
notice, the trial ma" proceed in asentia.&+
G. Arrai!n(ent and P&ea8$ar!ainin!
,. Settin! of Arrai!n(ent6 Noties
!he court shall set the arraignment of the accused within fifteen >1,$
da"s from the time it acDuires jurisdiction over the accused, with notice to
the pulic prosecutor and offended part" or concerned government
agenc" that it will entertain plea-argaining on the date of the
arraignment.&1
-. Proed%re in P&ea8$ar!ainin!
1n the scheduled date of arraignment, the court shall consider plea
argaining arrangements. 9here the prosecution and offended part" or
concerned government agenc" agree to the plea offered " the accused,
the court shall#
1$ 8ssue an order which contains the plea-argaining arrived at%
&$ Proceed to receive evidence on the civil aspect of the case, if an"%
and
'$ -ender and promulgate judgment of conviction, including the civil
liailit" for damages.&&
&+ d., 6ec. &.
&1 d., -ule 1,, 6ec. 1.
&& d., 6ec. &.
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7. Pre8Tria&
,. Pre&i(inar" Conferene6 P%r+ose
2fter the arraignment, the court shall set the pre-trial conference within
thirt" >'+$ da"s. 8t ma" refer the case to the ranch cler@ of court, if
warranted, for a preliminar" conference to e set at least three >'$ da"s
prior to the pre-trial.&'
!he preliminar" conference shall e for the following purposes#
1$ !o assist the parties in reaching a settlement of the civil aspect of
the case%
&$ !o mar@ the documents to e presented as exhiits%
'$ !o attach copies of the documents to the records after comparison
with the originals%
7$ !o ascertain from the parties the undisputed facts and admissions
on the genuineness and due execution of documents mar@ed as
exhiits%
,$ !o consider such other matters as ma" aid in the prompt
disposition of the case%
3$ !o record the proceedings during the preliminar" conference in the
Minutes of Preliminar" /onference to e signed " the parties and
counsel%
*$ !o mar@ the affidavits of witnesses which shall e in Duestion and
answer form and shall constitute the direct examination of the
witnesses% and
4$ !o attach the Minutes and mar@ed exhiits to the case record
efore the pre-trial proper.&7
!he parties or their counsel must sumit to the ranch cler@ of court
the names, addresses and contact numers of the affiants.&,
-. 7o) Cond%ted *" t#e Co%rt
(uring the pre-trial, the court shall#
1$ Place the parties and their counsels under oath%
&$ 2dopt the minutes of the preliminar" conference as part of the pretrial
proceedings, confirm mar@ings of exhiits or sustituted
photocopies and admissions on the genuineness and due
execution of documents, and list oject and testimonial evidence%
'$ 6crutinize the information and the statements in the affidavits and
other documents which form part of the record of the preliminar"
&' d., -ule 13, 6ec. 1.
&7 d.
&, d.
E);8-1)ME)!2< <29 2)( P-1/E(=-2< -=<E6
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investigation, together with other documents identified and mar@ed
as exhiits, to determine further admissions of facts as to#
a$ !he court5s territorial jurisdiction relative to the offense>s$
charged%
$ Aualification of expert witnesses% and
c$ 2mount of damages%
7$ (efine factual and legal issues%
,$ 2s@ parties to agree on the specific trial dates and adhere to the
flow chart determined " the court, which shall contain the time
frames for the different stages of the proceeding up to promulgation
of decision%
3$ -eDuire the parties to sumit to the ranch cler@ of court the
names, addresses and contact numers of witnesses that need to
e summoned " supoena% and
*$ /onsider modification of order of trial if the accused admits the
charge ut interposes a lawful defense.&3
.. Manner of Diretin! 9%estions: Ad(issions and A!ree(ents: and
Do%(entation
2ll Duestions or statements must e directed to the court.&* 2ll
agreements or admissions made or entered during the pre-trial conference
shall e reduced in writing and signed " the accused and counsel%
otherwise, the" cannot e used against the accused. !he agreements
covering the matters referred to in 6ection 1, -ule 114 of the -ules of
/ourt shall e approved " the court.&4
2ll proceedings during the pre-trial shall e recorded, the transcripts
prepared, and the minutes signed " the parties or their counsels.&0
1. Pre8Tria& Order
!he court shall issue a pre-trial order within ten >1+$ da"s after the
termination of the pre-trial, setting forth the actions ta@en during the pretrial
conference, the facts stipulated, the admissions made, evidence
mar@ed, the numer of witnesses to e presented, and the schedule of
trial. !he order shall ind the parties and control the course of action
during the trial.'+
&3 d., 6ec. '.
&* d., 6ec. 7.
&4 d., 6ec. ,.
&0 d., 6ec. 3.
'+ d., 6ec. *.
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I. Tria&
,. Contin%o%s Tria&6 Affida'its In Diret E/a(ination
!he court shall endeavor to conduct continuous trial which shall not
exceed three >'$ months from the date of the issuance of the pre-trial
order.'1 .or this purpose, affidavits in lieu of direct examination shall e
used, suject to cross-examination and the right to oject to inadmissile
portions of the affidavit.'&
-. S%*(ission of Me(oranda
!he court ma" reDuire the parties to sumit their respective
memoranda and if possile, in electronic form, within a non-extendile
period of thirt" >'+$ da"s from the date the case is sumitted for
decision.''
.. Period to Deide and Dis+ose of t#e Case
9ith or without an" memoranda filed, the court shall have a period of
sixt" >3+$ da"s to decide the case counted from the last da" of the '+-da"
period to file the memoranda.'7 !he court shall dispose the case within a
period of ten >1+$ months from the date of arraignment.',
1. Pro8*ono La)"ers
8f the accused cannot afford the services of counsel or there is no
availale pulic attorne", the court shall reDuire the 8ntegrated Car of the
Philippines to provide pro ono law"ers for the accused.'3
J. Ci'i& Ation and Lia*i&it"
,. Instit%tion of Ci'i& Ation
9hen a criminal action is instituted, the civil action for the recover" of
civil liailit" arising from the offense charged shall e deemed instituted
with the criminal action, unless the complainant waives the civil action,
reserves the right to institute it separatel" or institutes the civil action prior
to the criminal action. '*
'1 d., -ule 1*, 6ec. 1.
'& d., 6ec. &.
'' d., 6ec. '.
'7 d.
', d., 6ec. 7.
'3 d., 6ec. ,.
'* d! -ule 1+, 6ec. 1.
E);8-1)ME)!2< <29 2)( P-1/E(=-2< -=<E6
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=nless the civil action has een instituted prior to the criminal action,
the reservation of the right to institute separatel" the civil action shall e
made during arraignment.'4
-. A)ard of Da(a!es to A!en" for Restoration and Re#a*i&itation
8n case civil liailit" is imposed or damages are awarded, the filing and
other legal fees shall e imposed on said award in accordance with -ule
171 of the -ules of /ourt, and the fees shall constitute a first lien on the
judgment award. !he damages awarded in cases where there is no
private offended part", less the filing fees, shall accrue to the funds of the
agenc" charged with the implementation of the environmental law
violated. !he award shall e used for the restoration and rehailitation of
the environment adversel" affected.'0
.. S%*sidiar" Lia*i&it"
8n case of conviction of the accused and susidiar" liailit" is allowed
" law, the court ma", " motion of the person entitled to recover under
judgment, enforce such susidiar" liailit" against a person or corporation
susidiaril" liale under 2rticle 1+& and 2rticle 1+' of the -evised Penal
/ode.7+
;. Pro'isiona& Re(edies
,. Atta#(ent
!he provisional remed" of attachment under -ule 1&* of the -ules of
/ourt ma" e availed of in environmental cases.71
-. EPO and TEPO in Cri(ina& Cases
!he procedure for the issuance of Environmental Protection 1rders
>EP1$ and !emporar" Environmental Protection 1rders >!EP1$ shall e
governed " -ule & of the -ules of Procedure for Environmental /ases.7&
'4 d.! second paragraph.
'0 d., -ule 1+, 6ec. 1.
7+ d., -ule 14, 6ec. 1.
71 d., -ule 1', 6ec. 1.
7& d., 6ec. &% 6ee 6ection on Civil Cases: Environmental Protection $rder.
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L. Cri(ina& SLAPP S%its
,. Defined
6trategic lawsuit against pulic participation >6<2PP$ refers to an
action whether civil, criminal or administrative, rought against an"
person, institution or an" government agenc" or local government unit or
its officials and emplo"ees, with the intent to harass, vex, exert undue
pressure or stifle an" legal recourse that such person, institution or
government agenc" has ta@en or ma" ta@e in the enforcement of
environmental laws, protection of the environment or assertion of
environmental rights.7'
-. SLAPP S%it6 Gro%nd for a Motion to Dis(iss in a Cri(ina& Case
=pon the filing of an information in court and efore arraignment, the
accused ma" file a motion to dismiss on the ground that the criminal
action is a 6trategic <awsuit 2gainst Pulic Participation or a 6<2PP
suit.77
.. S%((ar" 7earin!6 Prose%tion<s and A%sed 9%ant%( of
E'idene Distin!%is#ed
!he hearing on the defense of a 6<2PP shall e summar" in nature.
!he parties must sumit all the availale evidence in support of their
respective positions. !he part" see@ing the dismissal of the case must
prove " sustantial evidence that his acts for the enforcement of
environmental law are a legitimate action for the protection, preservation
and rehailitation of the environment. !he part" filing the action assailed
as a 6<2PP shall prove " preponderance of evidence that the action is
not a 6<2PP.7,
1. Deter(ination *" t#e Co%rt
!he court shall grant the motion if the accused estalishes in the
summar" hearing that the criminal case has een filed with intent to
harass, vex, exert undue pressure or stifle an" legal recourse that an"
person, institution or the government has ta@en or ma" ta@e in the
enforcement of environmental laws, protection of the environment or
assertion of environmental rights. 8f the court denies the motion, it shall
immediatel" proceed with the arraignment of the accused.73
7' d., -ule 1, 6ec. 7 >g$% -ule 3, 6ec. 1.
77 d., -ule 10, 6ec. 1% 6ee 6ection on Civil Cases: S1'PP Suits.
7, d., 6ec. &.
73 d., 6ec. '.
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II. Ci'i& Cases
<imits on the Iurisdiction of .irst and 6econd <evel /ourts in 1rdinar"
/ivil 2ctions involving Environmental <aws
,. Pri(ar" J%risdition of t#e DENR
!he jurisdiction of the (E)- over matters which are addressed to its
sound discretion as the government agenc" entrusted with the regulation
of activities coming under its special technical @nowledge and training will
not e interfered with " the courts.7* !he (E)- possesses wide latitude
of discretion in determining the appropriate actions to e ta@en to preserve
and manage natural resources, and the proper parties who should enjo"
the privilege of utilizing these resources.74 2s the law confines in the
(E)- the power to determine these particular Duestions or matters, its
jurisdiction prevails over the courts.70 6ettled is the rule that the courts will
defer to the decisions of the administrative offices and agencies " reason
of their expertise and experience in the matters assigned to them pursuant
to the doctrine of primar" jurisdiction. 2dministrative decisions on matters
within the jurisdiction of administrative odies are to e respected and can
onl" e set aside on proof of grave ause of discretion, fraud, or error of
law.,+
-. Dotrine of Pri(ar" J%risdition Li(its Co%rt J%risdition
!he enforcement of forestr" laws, rules and regulations, and the
protection, development, and management of forest lands fall within the
primar" and special responsiilities of the (E)-. C" the ver" nature of its
function, the (E)- should e given a free hand unpertured " judicial
intrusion to determine a controvers" which is well within its jurisdiction.
!he doctrine of primar" jurisdiction does not warrant a court to arrogate
unto itself the authorit" to resolve a controvers", the jurisdiction over which
is initiall" lodged with an administrative od" of special competence.,1
7* 1ianga 0a( 1ogging Co.! nc. v. Enage, B.-. )o. '+3'*, Iul" 13, 104*, 1,& 6/-2 4+%
2anitano v. Secretar( of 'griculture and *atural Resources, B.-. )o. &113*, March '1,1033, 13
6/-2 ,7'.
74 1im v.%he Secretar( of 'griculture and *atural Resources, B.-. )o. &300+, 2ugust '1, 10*+,
'7 6/-2 *,1% )irector of #orestr( v. ,u3oz, B.-. )o. &7*03, Iune &4, 1034, &' 6/-2 114'.
70 1ianga 0a( 1ogging Co.! nc. v. Enage, supra note 7*.
,+ Celestial *ic"el ,ining E4ploration v. ,acroasia, B.-. )o. 130+4+, (ecemer 10, &++*, ,71
6/-2 133.
,1 )agudag v. Paderanga, 2.M. )o. -!I-+3-&+1*, Iune 10, &++4, ,,, 6/-2 &1*% Euro/,ed
1aboratories v. Province of 0atangas, B.-. )o. 1741+3, Iul" 1*, &++3, 70, 6/-2 '+1% %abao v.
1ilagan, 2.M. )o. -!I- +1-13,1, 6eptemer 7, &++1, '37 6/-2 '&&% Paat v. Court of 'ppeals,
B.-. )o. 1111+*, Ianuar" 1+, 100*, &33 6/-2 13*%
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.. E/#a%stion of Ad(inistrati'e Re(edies6 Condition Preedent
!he principle of exhaustion of administrative remedies applies insofar
as the review of the decisions of the 6ecretar" of the (E)- and his
suordinates is concerned. !he doctrine of exhaustion of administrative
remedies is asic. /ourts should not entertain suits unless the availale
administrative remedies have first een resorted to and the proper
authorities have een given an appropriate opportunit" to act and correct
their alleged errors, if an", committed in the administrative forum.,&
Exhaustion of the remedies in the administrative forum, eing a
condition precedent prior to recourse to the courts and, more importantl",
eing an element of one5s right of action, is too significant to e wa"laid "
the courts.,' 8t is a pre-condition that all the means afforded " the
administrative processes should first e availed of efore a courtJs judicial
power can e sought. !he premature judicial action is fatal to oneJs cause
of action.,7 2ccordingl", asent an" finding of waiver or estoppel, the case
is susceptile to dismissal for lac@ of cause of action.,, 8n the case of the
6ecretar" of the (E)-, failure to appeal his decision to the 1ffice of the
President is a failure to exhaust administrative remedies.,3
1. 0ai&%re to E/#a%st Ad(inistrati'e Re(edies Ma" Constit%te
0or%(8S#o++in!
8f agreements of sale pertain to shares of stoc@ which represent
ownership of mining rights or interest in mining agreements, the power of
the MBC to rule on the validit" of the Duestioned agreements of sale is
inextrical" lin@ed to the ver" nature of such agreements over which the
MBC has jurisdiction under the law. =navoidal", there is identit" of
reliefs if the same issue is rought to the -!/. .orum shopping exists
when oth actions involve the same transactions, same essential facts
and circumstances and raise identical causes of actions, suject matter,
and issues. !he case instituted with the -!/ is correctl" ordered
dismissed on the ground of forum shopping. )ot onl" is there forumshopping,
ut also failure to exhaust administrative remedies, " opting to
go ahead in see@ing reliefs from the court even while those same reliefs
were appropriatel" awaiting resolution " the MBC.,*
2 complaint in environmental cases is reDuired to include a certification
against forum-shopping.,4
,& #actoran v. Court of 'ppeals, B.-. )o. 0',7+, (ecemer 1', 1000, '&+ 6/-2 ,'+% %abao v.
1ilagan, supra note ,15 )agudag v. Paderanga, supra note ,1.
,' Paat v. Court of 'ppeals, supra note ,1.
,7 0angus #isherfol" v. 1anzanas, B.-. )o. 1'177&, Iul" 1+, &++', 7+, 6/-2 ,'+.
,, )( v. Court of 'ppeals, B.-. )o. 1&1,4*, March 0, 1000, '+7 6/-2 ''1.
,3 %an v. )irector of #orestr(, B.-. )o. &7,74, 1ctoer &*, 104', 1&, 6/-2 '+&.
,* 1epanto Consolidated ,ining v. -,C Resources nternational, B.-. )os. 1,'44, and 1,3&17,
6eptemer &7, &++', 71& 6/-2 1+1.
,4 -=<E6 1. P-1/E(=-E 8) E);8-1)ME)!2< /26E6, -ule &, 6ec. '.
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2. E/e+tions to E/#a%stion of Ad(inistrati'e Re(edies
!he doctrine does not appl" in the following cases# ,0
1$ 9here the issue is purel" a legal one, and nothing of an
administrative nature is to e and can e done3+
&$ 9here insistence on its oservance would result in nullification of
the claim eing asserted31
'$ 9here the controverted act is patentl" illegal or was performed
without jurisdiction or in excess of jurisdiction%
7$ 9here the respondent is a department secretar", whose acts as an
alter ego of the President ear the implied or assumed approval of
the latter, unless actuall" disapproved " him%
,$ 9here there are circumstances indicating the urgenc" of judicial
intervention%3& and
3$ 9hen the rule does not provide a plaintiff speed" and adeDuate
remed"3'.
*$ 8n an action for damages with preliminar" mandator" injunction filed
efore the -egional !rial /ourt alleging that a timer licensee and
8.M2 holder has no authorit" to @eep custod" of confiscated timer
and conve"ances ecause it is a private entit" and mere depositor"
of the timer and conve"ances, not a deputized enforcement
officer, it was held that there was no need for exhaustion of
administrative remedies. (espite the fact that there were ongoing
administrative confiscation proceedings eing conducted " the
(E)-, filing the action with the trial court did not violate the
doctrine of exhaustion of remedies ecause it was for the purpose
of transferring the custod" of the confiscated products to the
/E)-1 and the 1ffice of the Bovernment Prosecution and for
resolving the cases with dispatch.37
4$ 2 petition for mandamus filed with the -egional !rial /ourt to
compel the (E)- and its Environmental Management Cureau
>EMC$ to issue a /ertificate of )on-/overage under the
Environmental 8mpact 2ssessment 6"stem is a proper remed"
where the project is not an environmentall" critical project or
,0 Cuevas v. Pineda, B.-. )o. 7*31*, 2ugust &0, 1043, 17' 6/-2 3*7.
3+ )auan v. Secretar( of 'griculture and *atural Resources! et. al., B.-. )o. 10,7*, Ianuar" '1,
103*, 10 6/-2 &&'% )el ,ar v. Philippine 6eterans 'dministration, B.-. )o. &*&00, Iune &*,
10*', ,1 6/-2 '7+% 0agatsing v. Ramirez, B.-. )o. 713'1, (ecemer 1*, 10*3, *7 6/-2 '+3%
'guilar v. 6alencia, B.-. )o. '+'03, Iul" '+, 10*1, 7+ 6/-2 &1+, and Commissioner of
mmigration v. 6amenta, B.-. )o. '7+'+, Ma" '1, 10*&, 7, 6/-2 '7&.
31 2ravador v. ,amigo, B.-. )o. &7040, Iul" &1, 103*, &+ 6/-2 *7&.
3& 2onzales v. +echanova, B.-. )o. &140*, 1ctoer &&, 103', 0 6/-2 &'+% 'ba(a v. 6illegas,
B.-. )o. &,371, (ecemer 1*, 1033, 14 6/-2 1+'7% ,itra v. Subido, B.-. )o. &1301,
6eptemer 1,, 103*, &1 6/-2 1&*.
3' Cipriano v. ,arcelino, B.-. )o. &**0', .eruar" &4, 10*&, 7' 6/-2 &01.
37 PC$P Resources v. Calo, B.-. )o. 131*04, 1ctoer &+, &++7, 771 6/-2 73.
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located in an environmentall" critical area. 8t is the ministerial dut"
of the EMC to issue the /ertificate of )on-/overage and said
agenc" can e compelled to perform its dut" through a petition for
mandamus filed with the -egional !rial /ourt even without
exhausting administrative remedies " first appealing the EMC
decision to the (E)- 6ecretar".3,
3. En'iron(enta& Lienses and Per(its are Not Contrats Proteted
*" t#e Non8I(+air(ent and D%e Proess C&a%ses
!imer licenses, permits, and license agreements are the principal
instruments " which the 6tate regulates the utilization and disposition of
forest resources to the end that pulic welfare is promoted. !he" merel"
evidence a privilege granted " the 6tate to Dualified entities, and do not
vest in the latter a permanent or irrevocale right to the particular
concession area and the forest products therein. !he" ma" e validl"
amended, modified, replaced or rescinded " the /hief Executive when
national interest so reDuires. !he" are not deemed contracts within the
purview of the due process of law clause.33
!his holds true as well for mining exploration permits under -ep. 2ct
)o. *07&. Exploration permits merel" evidence a privilege granted " the
6tate, which ma" e amended, modified or rescinded when the national
interest so reDuires. !his is necessaril" so since the exploration,
development and utilization of the countr"5s natural mineral resources are
matters impressed with great pulic interest. <i@e timer permits, mining
exploration permits do not vest in the grantee an" permanent or
irrevocale right within the purview of the non-impairment of contract and
due process clauses of the /onstitution, since the 6tate, under its
allencompassing
police power, ma" alter, modif" or amend the same, in
accordance with the demands of the general welfare.3*
!he determination of what is in the pulic interest is necessaril" vested
in the 6tate as owner of all mineral resources. Even if a license is valid, it
can still e validl" revo@ed " the 6tate in the exercise of police power.
!he exercise of such power through a presidential proclamation is in
accord with 7ura regalia! which reserves to the 6tate ownership of all
natural resources. !his -egalian doctrine is an exercise of its sovereign
3, Republic v. Cit( of )avao, B.-. )o. 1743&&, 6eptemer 1&, &++&, '44 6/-2 301.
33 PC$P Resources v. 0ase ,etals ,ineral Resources, B.-. )o. 13',+0, (ecemer 3, &++3,
,1+ 6/-2 7++% $posa v. #actoran, B.-. )o. 1+1+4', Iul" '+, 100', 10+ 6/-2 3*'% &smael v.
)eput( E4ecutive Secretar(, B.-. )o. *0,'4, 1ctoer 14, 100+! &&7 6/-2 00&% %an v. )irector
of #orestr(, supra note ,3.
3* Southeast ,indanao 2old ,ining v. 0alite Portal ,ining Cooperative, B.-. )o. 1',10+, 2pril ',
&++&% Sta. nes ,elale #orest Products Corporation v. ,acaraig! .r., B.-. )o. 4+470, (ecemer
&, 1004, &00 6/-2 701, citing %an v. )irector of #orestr(, supra note ,3! and $posa v. #actoran,
supra note 33.
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power as owner of lands of the pulic domain and of the patrimon" of the
nation, the mineral deposits of which are a valuale asset. 2 license is not
a contract to which the protection accorded " the non-impairment clause
ma" extend. Even if the license were, it is settled that provisions of
existing laws and a reservation of police power are deemed read into it,
ecause it concerns a suject impressed with pulic welfare. !he nonimpairment
clause must "ield to the police power of the state.34
3.,. E/e+tion to t#e R%&e
:owever, 6ec. 7+ of the Philippine Mining 2ct of 100, reDuiring the
approval of the President with respect to assignment or transfer
of .!22s, if made applicale retroactivel", would e tantamount to an
impairment of the oligations under said contract as it would effectivel"
restrict the right of the parties thereto to assign or transfer their
interests in the said .!22. C" imposing a new condition apart from
those alread" contained in the agreement, efore the parties to
the .!22 ma" assign or transfer their rights and interest in the said
agreement, 6ec. 7+ of the Philippine Mining 2ct of 100,, if made to
appl" to said .!22, will effectivel" modif" the terms of the original
contract and thus impair the oligations of the parties thereto and
restrict the exercise of their vested rights under the original
agreement. 6uch modification to the .!22, particularl" in the
conditions imposed for its valid transfer, is eDuivalent to an impairment
of said contract in violation of the /onstitution.30
4. Re'oation of Liense or 0ran#ise as an E/erise of Po&ie Po)er
!he grant of license does not create irrevocale rights, neither is it
propert" or propert" rights. )o franchise or right can e availed of to
defeat the proper exercise of police power. !he 6tate has inherent power
enaling it to prohiit all things hurtful to comfort, safet", and welfare of
societ". Pursuant to these principles, the 6ecretar" of the (E)- has the
authorit" to revo@e, on valid grounds, timer licenses issued " the
(irector of .orestr". 9here there is supporting evidence, the revocation of
a timer license is a valid exercise of this power.*+
34 Republic of the Philippines v. Rosemoor ,ining and )evelopment Corporation, B. -. )o.
1700&*, March '+, &++7, 7&3 6/-2 ,1*.
30 1epanto Consolidated ,ining v. -,C Resources nternational, B.-. )o. 13&''1, )ovemer
&+, &++3, ,+* 6/-2 '1,.
*+ %an v. )irector of #orestr(, supra note ,3.
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=. Co%rts s#o%&d stand C&ear fro( P%*&i Po&i" Ati'it" of Grantin!
En'iron(enta& Lienses: Per(its and 0ran#ises
!he courts recognize the wide latitude of discretion possessed " the
government in determining the appropriate actions to e ta@en to preserve
and manage natural resources, and the proper parties who should enjo"
the privilege of utilizing these resources, more so where the interests of a
private logging compan" are pitted against that of the pulic at large on
the pressing pulic polic" issue of forest conservation. !he judiciar" will
stand clear from a pulic polic" activit" where the government is
underta@ing an assessment and evaluation of all timer license
agreements entered into, and permits or licenses issued.*1
A. Replevin S%its
,. Co%rts s#o%&d dis(iss Replevin S%its o'er Pro+ert" Sei5ed *"
DENR %nder its Ad(inistrati'e Confisation Po)ers
!he assumption " a trial court of a replevin suit filed " owners of
items apprehended or seized constitutes an unjustified encroachment into
the (E)-5s prerogative to underta@e administrative confiscation
proceedings. !he doctrine of primar" jurisdiction does not warrant a court
to arrogate unto itself the authorit" to resolve a controvers", the
jurisdiction over which is initiall" lodged with an administrative od" of
special competence.*&
(ismissal of a replevin suit for lac@ of cause of action in view of the
owner5s failure to exhaust administrative remedies is the proper course of
action for a court, not to assume jurisdiction over the case and,
conseDuentl", issue the writ ordering the return of the seized items.*'
-. J%d!e de(onstrates I!norane of t#e La) in Entertainin! Replevin
S%its
2 judgeJs act of ta@ing cognizance of a replevin suit over propert"
under (E)- administrative confiscation proceedings or under custodia
legis, if the case is alread" with the pulic prosecutor or another court,
demonstrates ignorance of the law.*7
*1 1im! Sr. v. %he Secretar( of 'griculture and *atural Resources, B.-. )o. &300+, 2ugust '1,
10*+, '7 6/-2 *,1% )irector of #orestr( v. ,u3oz, B.-. )o. &7*03, Iune &4, 1034, &' 6/-2
114'% &smael v. )eput( E4ecutive Secretar(, supra note 33.
*& Paat v. Court of 'ppeals, supra note ,15 %abao v. 1ilagan, supra note ,1.
*' Paat v. Court of 'ppeals, supra note ,1% )( v. Court of 'ppeals, supra note ,,.
*7 %abao v. 1ilagan, supra note ,1.
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.. Sei5ed and A++re#ended +ro+ert" is in Custodia Legis and
*e"ond rea# of Replevin
Propert" apprehended and seized " (E)- officials pursuant to
administrative confiscation proceedings is held in custodia legis and,
hence, e"ond the reach of replevin. 9hen a thing is in official custod" of
a judicial or executive officer in pursuance of his execution of a legal writ,
replevin will not lie to recover it.*,
1. Co%rt annot #o&d DENR offiia&s in Conte(+t for 0ai&%re to fo&&o)
Replevin Order6 D%t" of S#eriff e/e%tin! Replevin Order
!here can e no contempt against (E)- officials who fail to follow a
replevin order that was issued with grave ause of discretion.*3 !he
prudent recourse for a sheriff enforcing a writ of replevin, upon eing
informed that the propert" involved is in the custod" of the (E)- " virtue
of administrative seizure and confiscation, is to desist from executing the
warrant and to ma@e a partial return " conve"ing the information to the
court for further instructions.**
2. Consent to *e s%ed needed in Replevin S%its a!ainst DENR
Offiia&s
2ctions efore the courts contesting custod" over forest products,
implements and conve"ances seized and confiscated " forest officials
under Pres. (ecree )o. *+,, as amended " Exec. 1rder )o. &** are
considered suits against the 6tate. 8n implementing and enforcing 6ecs.
**-2 and 40 of the .orestr" /ode, forest officers performing duties and
functions within the limits of their authorit" represent the (E)- and ma"
not e proceeded against without the 6tateJs consent.*4
$. Co(+&aint
,. W#o Ma" 0i&e
2n" real part" in interest, including the government and juridical
entities authorized " law, ma" file a civil action involving the enforcement
or violation of an" environmental law.*0
*, #actoran v. Court of 'ppeals, supra note ,&% Calub v. Court of 'ppeals, B.-. )o. 11,3'7, 2pril
&*, &+++, ''1 6/-2 ,,% ,amanteo! et. al. v. )eput( Sheriff ,agumun, 2.M. )o. P-04-1&37, Iul"
&4, 1000, ''1 6/-2 ,,.
*3 #actoran v. Court of 'ppeals, supra note ,&.
** ,amanteo! et. al. v. )eput( Sheriff ,agumun, supra note *,% Calub v. Court of 'ppeals, supra
note *,.
*4 Calub v. Court of 'ppeals, supra note *,.
*0 -=<E6 1. P-1/E(=-E .1- E);8-1)ME)!2< /26E6, -ule &, 6ec. 7.
E);8-1)ME)!2< <29 2)( P-1/E(=-2< -=<E6
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-. Verified Co(+&aint
!he complaint shall e verified and contain the names of the parties,
their addresses, the cause of action, and the reliefs pra"ed for.4+
.. E'idene to *e atta#ed to t#e Co(+&aint6 0or( of Affida'its
!he plaintiff shall attach to the verified complaint all evidence proving
or supporting the cause of action consisting of the affidavits of witnesses,
documentar" evidence and, if possile, oject evidence. !he affidavits
shall e in Duestion and answer form and shall compl" with the rules of
admissiilit" of evidence.41
1. Ot#er Re>%ire(ents
!he complaint shall state that it is an environmental case and the law
involved. !he complaint shall also include a certification against forum
shopping. 8f the complaint is not an environmental complaint, the presiding
judge shall refer it to the executive judge for re-raffle.4&
2. 0i&in! 0ees
!he pa"ment of filing and other legal fees " the plaintiff shall e
deferred until after judgment unless the plaintiff is allowed to litigate as an
indigent. 8t shall constitute a first lien on the judgment award.4'
3. Assi!n(ent *" Raff&e
8f there is onl" one >1$ designated ranch in a multiple-sala court, the
executive judge shall immediatel" refer the case to said ranch. 8f there
are two >&$ or more designated ranches, the executive judge shall
conduct a special raffle on the da" the complaint is filed.47
4. A!en" Conerned to *e 0%rnis#ed Co(+&aint
=pon the filing of the complaint in environmental cases, the plaintiff is
reDuired to furnish the government or the appropriate agenc", although
not a part", a cop" of the complaint. Proof of service upon the government
or the appropriate agenc" shall e attached to the complaint.4,
4+ d., 6ec. '.
41 d.
4& d.
4' d., 6ec. 1&.
47 d., 6ec. *.
4, d., 6ec. 3.
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C. En'iron(enta& Protetion Order
,. Definition
Environmental protection order >EP1$ refers to an order issued " the
court directing or enjoining an" person or government agenc" to perform
or desist from performing an act in order to protect, preserve or
rehailitate the environment.43
-. Te(+orar" En'iron(enta& Protetion Order ?TEPO@
8f it appears from the verified complaint with a pra"er for the issuance
of an Environmental Protection 1rder >EP1$ that the matter is of extreme
urgenc" and the applicant will suffer grave injustice and irreparale injur",
the executive judge of the multiple-sala court efore raffle or the presiding
judge of a single-sala court, as the case ma" e, ma" issue e4 parte a
!emporar" Environmental Protection 1rder >!EP1$ effective for onl"
sevent"-two >*&$ hours from date of the receipt of the !EP1 " the part"
or person enjoined. 9ithin said period, the court where the case is
assigned, shall conduct a summar" hearing to determine whether the
!EP1 ma" e extended until the termination of the case.4*
!he issuance of a !EP1 ma" also e pra"ed for in a petition for the
writ of "ali"asan.44 8t ma" also e granted in a petition for the writ of
continuing mandamus.40
.. Monitorin!: Liftin!: E/e(+tion fro( $ond Re>%ire(ent: and
Con'ersion to Per(anent EPO
!he court where the case is assigned shall periodicall" monitor the
existence of acts that are the suject matter of the !EP1, even if issued
" the executive judge, and ma" lift the same at an" time as
circumstances ma" warrant. !he applicant shall e exempted from the
posting of a ond for the issuance of a !EP1.0+
!he grounds for motion to dissolve a !EP1 shall e supported "
affidavits of the part" or person enjoined which the applicant ma" oppose,
also " affidavits. !he !EP1 ma" e dissolved if it appears after hearing
that its issuance or continuance would cause irreparale damage to the
part" or person enjoined, while the applicant ma" e full" compensated for
43 d., -ule 1, 6ec. '.
4* d., -ule &, 6ec. 4.
44 d., -ule *, 6ec. &.
40 d., -ule 4, 6ec. ,.
0+ d., -ule &, 6ec. 4.
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such damages as he ma" suffer and suject to the posting of a sufficient
ond " the part" or person enjoined.01
8n the judgment, the court ma" convert the !EP1 to a permanent
EP1.0&
1. Re+ort to t#e S%+re(e Co%rt
!he judge shall report an" action ta@en on a !EP1, EP1, !-1 or a
preliminar" injunction, including its modification and dissolution, to the
6upreme /ourt, through the 1ffice of the /ourt 2dministrator, within ten
>1+$ da"s from the action ta@en.0'
2. Pro#i*ition a!ainst InA%ntion
Except the 6upreme /ourt, no court can issue a !-1 or writ of
preliminar" injunction against lawful actions of government agencies that
enforce environmental laws or prevent violations thereof.07
D. S%((ons and Co%rt Proesses
,. W#o (a" Effet Ser'ie
!he summons, orders, and other court processes ma" e served "
the sheriff, his deput" or other proper court officer, or for justifiale
reasons, " the counsel or representative of the plaintiff or an" suitale
person authorized or deputized " the court issuing the summons. 2n"
private person who is authorized or deputized " the court to serve
summons, orders, and other court processes shall, for that purpose, e
considered an officer of the court.0,
-. Ser'ie of S%((ons6 7o) Effeted
!he summons shall e served on the defendant, together with a cop"
of an order informing all parties that the" have fifteen >1,$ da"s from the
filing of an answer, within which to avail of interrogatories to parties under
-ule &, of the -ules of /ourt and reDuest for admission " adverse part"
under -ule &3, or at their discretion, ma@e use of depositions under -ule
&' or other measures under -ules &* and &4. 6hould personal and
sustituted service fail, summons " pulication shall e allowed. 8n the
01 d., 6ec. 0.
0& d., -ule ,, 6ec. '.
0' d., -ule &, 6ec. 11.
07 d., 6ec. 1+.
0, d.! 6ec. 1'.
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case of juridical entities, summons " pulication shall e done "
indicating the names of the officers or their dul" authorized
representatives.03
E. Ans)er
,. Verified Ans)er
9ithin fifteen >1,$ da"s from receipt of summons, the defendant shall
file a verified answer to the complaint and serve a cop" thereof on the
plaintiff.0*
-. E'idene to *e Atta#ed to Ans)er
!he defendant shall attach affidavits of witnesses, reports, studies of
experts, and all evidence in support of the defense.04
.. Defenses and C&ai(s
2ffirmative and special defenses not pleaded shall e deemed waived,
except lac@ of jurisdiction. /ross-claims and compulsor" counterclaims not
asserted shall e considered arred. !he answer to counterclaims or
cross-claims shall e filed and served within ten >1+$ da"s from service of
the answer in which the" are pleaded.00
1. 0ai&%re to Ans)er
6hould the defendant fail to answer the complaint within the period
provided, the court shall declare defendant in default and upon motion of
the plaintiff, shall receive evidence e4 parte and render judgment ased
thereon and the reliefs pra"ed for.1++
0. P&eadin!s A&&o)ed and Pro#i*ited
,. A&&o)ed P&eadin!s and Motions
!he pleadings and motions that ma" e filed are complaint, answer
which ma" include compulsor" counterclaim and cross-claim, motion for
03 d.
0* d.! 6ec. 17.
04 d.
00 d.
1++ d., 6ec. 1,.
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intervention, motion for discover" and motion for reconsideration of the
judgment.1+1
Motion for postponement, motion for new trial, and petition for relief
from judgment shall e allowed in highl" meritorious cases or to prevent a
manifest miscarriage of justice.1+&
-. Pro#i*ited P&eadin!s and Motions
1$ Motion to dismiss the complaint%
&$ Motion for a ill of particulars%
'$ Motion for extension of time to file pleadings, except to file answer,
the extension not to exceed fifteen >1,$ da"s%
7$ Motion to declare the defendant in default%
,$ -epl" and rejoinder% and
3$ !hird part" complaint.1+'
G. En'iron(enta& C&ass Ations
,. Ri!#t to $a&aned and 7ea&t#f%& Eo&o!" is an Ationa*&e Ri!#t
2n action for the revocation of all timer licenses on the ground of the
violation of the right to a alanced and healthful ecolog" ma" e rought
as a class action suit and " parties representing future generations on
the principle of inter-generational responsiilit". !he constitutional right to
a alanced and healthful ecolog" constitutes an actionale right as asis
for a cause of action. 2 denial or violation of that right " the other who
has the correlative dut" or oligation to respect or protect the same gives
rise to a cause of action.1+7
2s a constitutionall" guaranteed right of ever" person, it carries the
correlative dut" of non-impairment. !his is ut in consonance with the
declared polic" of the state Hto protect and promote the right to health of
the people and instill health consciousness among them.H1+, !his right
implies, among other things, the judicious management and conservation
of the countr"5s resources, which dut" is reposed in the (E)-.1+3
1+1 d., 6ec. 1.
1+& d.
1+' d., 6ec. &.
1+7 $posa v. #actoran, supra note 33.
1+, 1aguna 1a"e )evelopment 'uthorit( v. Court of 'ppeals, B.-. )o. 11+1&+, March 13, 1007,
&'1 6/-2 &0&.
1+3 Province of Rizal v. E4ecutive Secretar(, B.-. )o. 1&0,73, (ecemer 1', &++,, 7** 6/-2
7'3.
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!he right to a alanced and healthful ecolog" need not even e in the
/onstitution for it is assumed to exist from the inception of man@ind and it
is an issue of transcendental importance with intergenerational
implications. !he 6tate cannot escape its oligation to future generations
of .ilipinos to @eep the waters clean and clear as humanl" possile.1+*
-. C&ass Ation in Re+resentation of 0%t%re Generations A&&o)ed
%nder t#e Prini+&e of Inter8Generationa& Res+onsi*i&it"
!he personalit" to sue on ehalf of succeeding generations is ased
on the concept of intergenerational responsiilit" insofar as the right to a
alanced and healthful ecolog" is concerned. 6uch a right considers the
Hrh"thm and harmon" of nature.H )ature means the created world in its
entiret". 6uch rh"thm and harmon" indispensal" include, inter alia, the
judicious disposition, utilization, management, renewal and conservation
of the countr"Js forest, mineral, land, waters, fisheries, wildlife, off-shore
areas, and other natural resources to the end that their exploration,
development, and utilization e eDuital" accessile to the present, as
well as future generations. Ever" generation has a responsiilit" to the
next to preserve the rh"thm and harmon" of nature for the full enjo"ment
of a alanced and healthful ecolog". !he minorsJ assertion of their right to
a sound environment constitutes the performance of their oligation to
ensure the protection of that right for the generations to come.1+4
.. Rea& Parties in Interest and Le!a& Standin! Distin!%is#ed6 Le!a&
Standin! S%ffiient in Constit%tiona& 9%estions In'o&'in! P%*&i
Interest
2 farmers5 and indigenous peoples5 cooperative organized under
Philippine laws representing a communit" actuall" affected " the mining
activities, memers of said cooperative, as well as other residents of areas
also affected " mining activities, have standing to raise the
constitutionalit" of a Duestioned .!22 " alleging a personal and
sustantial injur". 9hen a case involves constitutional Duestions, the
courts are not concerned with whether petitioners are real parties in
interest, ut with whether the" have legal standing. Cecause of its
constitutional and pulic polic" underpinnings, standing is ver" different
from Duestions relating to whether a particular plaintiff is the real part" in
interest or has capacit" to sue. 6tanding is a special concern in
constitutional law ecause, in some cases, suits are rought not " parties
who have een personall" injured " the operation of a law or " official
action ta@en, ut " concerned citizens, taxpa"ers or voters who actuall"
sue in the pulic interest. :ence, the Duestion in standing is whether such
parties have Halleged such a personal sta@e in the outcome of the
1+* ,etropolitan ,anila )evelopment 'uthorit( v. Concerned Residents of ,anila 0a(, B.-. )os.
1*107*-74, (ecemer 14, &++4, ,&7 6/-2 331.
1+4 $posa v. #actoran, supra note 33.
E);8-1)ME)!2< <29 2)( P-1/E(=-2< -=<E6
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controvers" as to assure that concrete adverseness which sharpens the
presentation of issues upon which the court so largel" depends for
illumination of difficult constitutional DuestionsK.1+0
7. Citi5en S%it
,. W#o Ma" 0i&e
2n" .ilipino citizen in representation of others, including minors or
generations "et unorn, ma" file an action to enforce rights or oligations
under environmental laws.11+
-. Order to Inter'ene6 P%*&iation
=pon the filing of a citizen suit, the court shall issue an order which
shall contain a rief description of the cause of action and the reliefs
pra"ed for, reDuiring all interested parties to manifest their interest to
intervene in the case within fifteen >1,$ da"s from notice thereof. !he
plaintiff ma" pulish the order once in a newspaper of a general circulation
in the Philippines or furnish all affected aranga"s copies of said order.111
.. Citi5en S%its %nder S+eifi La)s
/itizen suits filed under -ep. 2ct )o. 4*70 >/lean 2ir 2ct$ and -ep.
2ct )o. 0++' >6olid 9aste Management 2ct$ shall e governed " their
respective provisions.11&
1. Defer(ent on 0i&in! and Le!a& 0ees
!he court shall defer the pa"ment of filing and other legal fees until
after judgment that shall serve as first lien on the judgment award.11'
2. Re&ief in Citi5en S%it
8f warranted, the court ma" grant to the plaintiff proper reliefs, which
shall include the protection, preservation or rehailitation of the
environment and the pa"ment of attorne"5s fees, costs of suit and other
litigation expenses. 8t ma" also reDuire the violator to sumit a program of
rehailitation or restoration of the environment, the costs of which shall e
orne " the violator, or to contriute to a special trust fund for that
purpose suject to the control of the court.117
1+0 1a 0ugal/08laan %ribal 'ssociation v. Ramos, B.-. )o. 1&*44&, Ianuar" &*, &++7, 7&1 6/-2
174.
11+ -=<E6 1. P-1/E(=-E .1- E);8-1)ME)!2< /26E6, -ule &, 6ec. ,.
111 d.
11& d.
11' d.! 6ec. 1&.
117 d., -ule ,, 6ec. 1.
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3. Citi5en S%its %nder t#e C&ean Air At ?Re+. At No. =41B@ and t#e
So&id Waste Mana!e(ent At ?Re+. At No. BCC.@
2n" citizen ma" file an appropriate civil, criminal or administrative
action in the proper courts against#
1$ 2n" person who violates or fails to compl" with the provisions of the
2ct or its implementing rules and regulations%
&$ !he (epartment or other implementing agencies with respect to
orders, rules and regulations issued inconsistent with the 2ct% and
'$ 2n" pulic officer who willfull" or grossl" neglects the performance
of an act specificall" enjoined as a dut" under the 2ct or its
implementing rules and regulations% or auses his authorit" in the
performance of his dut"% or, in an" manner, improperl" performs his
duties under the 2ct or its implementing rules and regulations. )o
suit can e filed until a thirt"-da" >'+$ notice has een ta@en
thereon.
!he court shall exempt such action from the pa"ment of filing fees,
except fees for actions not capale of pecuniar" estimations, and shall
li@ewise, upon prima facie showing of the non-enforcement or
violation complained of, exempt the plaintiff from the filing of an injunction
ond for the issuance of a preliminar" injunction.11,
9ithin thirt" >'+$ da"s, the court shall ma@e a determination if the
complaint is malicious andGor aseless and shall accordingl" dismiss the
action and award attorne"5s fees and damages.113
4. Citi5en S%it to Enfore Ri!#t to C&ean Air
Petitioners in a citizen suit to enforce their fundamental legal right to
clean air have legal standing in a petition for mandamus rought against
the 6tate. 2 part"5s standing is a procedural technicalit" which ma" e set
aside, in view of the importance of the issue raised, if it involves one of
transcendental importance to the pulic. !he right to clean air is an issue
of paramount importance and is impressed with pulic interest. !he
conseDuences of the counter-productive and retrogressive effects of a
neglected environment due to emissions of motor vehicles immeasural"
affect the well-eing of the pulic.11*
11, -ep. 2ct )o. 4*70 E1000F, 6ec. 71% -ep. 2ct )o. 0++' E&++1F, 6ec. ,&.
113 d.
11* +enares v. 1and %ransportation #ranchising and Regulator( 0oard, B- )o. 1,4&0+, 1ctoer
&', &++3, ,+, 6/-2 1+7. !his case, however, was dismissed as the relief sought for, reDuiring
the use of natural gas in pulic utilit" vehicles, is not covered under the law and, hence, not
suject to mandamus. 2lthough dismissed, the case too@ note of the legal standing of the
petitioners.
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I. Pre8Tria&
,. Notie and S#ed%&e
9ithin two >&$ da"s from the filing of the answer to the counterclaim or
cross-claim, if an", the ranch cler@ of court shall issue a notice of pre-trial
to e held not later than one >1$ month from the filing of the last pleading.
!he court shall schedule the pre-trial and set as man" pre-trial
conferences as ma" e necessar" within a period of two >&$ months,
counted from the date of the first pre-trial conference.114
-. Pre8tria& $rief
2t least three >'$ da"s efore the pretrial, the parties shall
sumit pre-trial riefs containing the following#
1$ 2 statement of their willingness to enter into an amicale
settlement, indicating the desired terms thereof or to sumit the
case to an" of the alternative modes of dispute resolution%
&$ 2 summar" of admitted facts and proposed stipulation of facts%
'$ !he legal and factual issues to e tried or resolved. .or each
factual issue, the parties shall state all evidence to support their
positions thereon. .or each legal issue, the parties shall state
the applicale law and jurisprudence supporting their respective
positions thereon%
7$ !he documents or exhiits to e presented, including
depositions, answers to interrogatories and answers to written
reDuest for admission " adverse part", stating the purpose
thereof%
,$ 2 manifestation of their having availed of discover" procedures
or their intention to avail themselves of referral to a
commissioner or panel of experts%
3$ !he numer and names of the witnesses and the sustance of
their affidavits%
*$ /larificator" Duestions from the parties% and
4$ <ist of cases arising out of the same facts pending efore other
courts or administrative agencies.110
.. Effet of 0ai&%re to Co(+&" or 0i&e $rief
.ailure to compl" with the reDuired contents of a pre-trial rief ma" e
a ground for contempt. .ailure to file the pre-trial rief shall have the same
effect as failure to appear at the pre-trial.1&+
114 -=<E6 1. /1=-! .1- E);8-1)ME)!2< /26E6, -ule ', 6ec. 1.
110 d.! 6ec. &.
1&+ d.
E);8-1)ME)!2< <29 2)( P-1/E(=-2< -=<E6
K-'*
1. Mediation
2t the start of the pre-trial conference, the court shall inDuire from the
parties if the" have settled the dispute% otherwise, the court shall
immediatel" refer the parties or their counsel, if authorized " their clients,
to the Philippine Mediation /enter >PM/$ unit for purposes of mediation. 8f
not availale, the court shall refer the case to the cler@ of court or legal
researcher for mediation.1&1
Mediation must e conducted within a non-extendile period of thirt"
>'+$ da"s from receipt of notice of referral to mediation. !he mediation
report must e sumitted within ten >1+$ da"s from the expiration of the
'+-da" period.1&&
2. Pre&i(inar" Conferene
8f mediation fails, the court will schedule the continuance of the pretrial.
Cefore the scheduled date of continuance, the court ma" refer the
case to the ranch cler@ of court for a preliminar" conference for the
following purposes#
1$ !o assist the parties in reaching a settlement%
&$ !o mar@ the documents or exhiits to e presented " the parties
and copies thereof to e attached to the records after comparison
with the originals%
'$ !o ascertain from the parties the undisputed facts and admissions
on the genuineness and due execution of the documents mar@ed
as exhiits%
7$ !o reDuire the parties to sumit the depositions ta@en under -ule
&' of the -ules of /ourt, the answers to written interrogatories
under -ule &,, and the answers to reDuest for admissions " the
adverse part" under -ule &3%
,$ !o reDuire the production of documents or things reDuested " a
part" under -ule &* and the results of the ph"sical and mental
examination of persons under -ule &4%
3$ !o consider such other matters as ma" aid in its prompt disposition%
*$ !o record the proceedings in the ?Minutes of Preliminar"
/onferenceK to e signed " oth parties or their counsels%
4$ !o mar@ the affidavits of witnesses, which shall e in Duestion and
answer form, and shall constitute the direct examination of the
witnesses% and
0$ !o attach the minutes, together with the mar@ed exhiits efore the
pre-trial proper.1&'
1&1 d.! 6ec. '.
1&& d.
1&' d.! 6ec. 7.
E);8-1)ME)!2< <29 2)( P-1/E(=-2< -=<E6
K-'4
!he parties or their counsel must sumit to the ranch cler@ of court
the names, addresses and contact numers of the affiants.1&7
(uring the preliminar" conference, the ranch cler@ of court shall also
reDuire the parties to sumit the depositions ta@en under -ule &' of the
-ules of /ourt, the answers to written interrogatories under -ule &, and
the answers to reDuest for admissions " the adverse part" under -ule
&3. !he ranch cler@ of court ma" also reDuire the production of
documents or things reDuested " a part" under -ule &* and the results of
the ph"sical and mental examination of persons under -ule &4.1&, !he
judge shall put the parties and their counsels under oath, and the" shall
remain under oath in all pre-trial conferences.1&3
3. 0ai&%re to +resent E'idene
Evidence not presented during the pre-trial, except newl"-discovered
evidence, shall e deemed waived.1&*
4. 7o) Cond%ted
!he court shall endeavor to ma@e the parties agree to compromise or
settle in accordance with law at an" stage of the proceedings efore
rendition of judgment.1&4
8f there is no full settlement, the judge shall#
1$ 2dopt the minutes of the preliminar" conference as part of the pretrial
proceedings and confirm the mar@ings of exhiits or sustituted
photocopies and admissions on the genuineness and due
execution of documents%
&$ (etermine if there are cases arising out of the same facts pending
efore other courts and order its consolidation, if warranted%
'$ (etermine if the pleadings are in order and, if not, order the
amendments if necessar"%
7$ (etermine if interlocutor" issues are involved and resolve the
same%
,$ /onsider the adding or dropping of parties%
3$ 6crutinize ever" single allegation of the complaint, answer and
other pleadings and attachments thereto, and the contents of
1&7 d.
1&, d.
1&3 d.! 6ec. ,.
1&* d.
1&4 d., 6ec. 1+.
E);8-1)ME)!2< <29 2)( P-1/E(=-2< -=<E6
K-'0
documents and all other evidence identified and pre-mar@ed during
pre-trial in determining further admissions%
*$ 1tain admissions ased on the affidavits of witnesses and
evidence attached to the pleadings or sumitted during pre-trial%
4$ (efine and simplif" the factual and legal issues arising from the
pleadings and evidence. =ncontroverted issues and frivolous
claims or defenses should e eliminated%
0$ (iscuss the propriet" of rendering a summar" judgment or a
judgment ased on the pleadings, evidence, and admissions made
during pre-trial%
1+$ 1serve the Most 8mportant 9itness -ule in limiting the numer of
witnesses, determining the facts to e proved " each witness, and
fixing the approximate numer of hours per witness%
11$ Encourage referral of the case to a trial " commissioner under
-ule '& of the -ules of /ourt or to a mediator or aritrator, under
an" of the alternative modes of dispute resolution governed " the
6pecial -ules of /ourt on 2lternative (ispute -esolution%
1&$ (etermine the necessit" of engaging the services of a Dualified
expert as a friend of the court >amicus curiae$% and
1'$ 2s@ parties to agree on the specific trial dates for continuous trial,
compl" with the one-da" examination of witness rule, adhere to the
case flow chart determined " the court, which shall contain the
different stages of the proceedings up to the promulgation of the
decision, and use the time frame for each stage in setting the trial
dates.1&0
=. Effet of P&aintiff<s and Defendant<s 0ai&%re to A++ear at Pre8Tria&
Distin!%is#ed
!he court shall not dismiss the complaint, except upon repeated and
unjustified failure of the plaintiff to appear. !he dismissal shall e without
prejudice, and the court ma" proceed with the counterclaim. 8f the
defendant fails to appear at the pre-trial, the court shall receive evidence
e4 parte.1'+
B. Min%tes
!he minutes of each pre-trial conference shall contain matters ta@en
up therein, more particularl" admissions of facts and exhiits, and shall e
signed " the parties and their counsel.1'1
1&0 d., 6ec. 3.
1'+ d., 6ec. *.
1'1 d., 6ec. 4.
E);8-1)ME)!2< <29 2)( P-1/E(=-2< -=<E6
K-7+
,C. Pre8Tria& Order
9ithin ten >1+$ da"s after the termination of the pre-trial, the court shall
issue a pre-trial order setting forth the actions ta@en during the pre-trial
conference, the facts stipulated, the admissions made, the evidence
mar@ed, the numer of witnesses to e presented, and the schedule of
trial. 6aid order shall ind the parties, limit the trial to matters not disposed
of, and control the course of action during the trial.1'&
J. Consent Deree
,. Definition
/onsent decree refers to a judiciall"-approved settlement etween
concerned parties ased on pulic interest and pulic polic" to protect and
preserve the environment.1''
-. A++&iation d%rin! Pre8Tria&
!he judge shall exert est efforts to persuade the parties to arrive at a
settlement of the dispute. !he judge ma" issue a consent decree
approving the agreement etween the parties in accordance with law,
morals, pulic order, and pulic polic" to protect the right of the people to
a alanced and healthful ecolog".1'7
;. Tria&
,. Contin%o%s Tria&
!he judge shall conduct continuous trial which shall not exceed two >&$
months from the date of the issuance of the pre-trial order. Cefore the
expiration of the two-month period, the judge ma" as@ the 6upreme /ourt
for the extension of the trial period for justifiale cause.1',
-. Affida'its in Diret E/a(ination
8n lieu of direct examination, affidavits mar@ed during the pre-trial shall
e presented as direct examination of affiants, suject to crossexamination
" the adverse part".1'3
1'& d., 6ec. 0.
1'' d., -ule 1, 6ec. 7 >$.
1'7 d., -ule ', 6ec. ,% 6ee /hapter on Mediation.
1', d., -ule 7, 6ec. 1.
1'3 d., 6ec. &.
E);8-1)ME)!2< <29 2)( P-1/E(=-2< -=<E6
K-71
.. One8Da" E/a(ination of Witness6 On&" Ora& Offer of E'idene is
A&&o)ed
!he court shall strictl" adhere to the rule that a witness has to e full"
examined in one >1$ da", suject to the court5s discretion of extending the
examination for justifiale reason. 2fter the presentation of the last
witness, onl" oral offer of evidence shall e allowed, and the opposing
part" shall immediatel" interpose his ojections. !he judge shall forthwith
rule on the offer of evidence in open court.1'*
1. S%*(ission for Reso&%tion6 Me(oranda
2fter the last part" has rested its case, the court shall issue an order
sumitting the case for decision. !he court ma" reDuire the parties to
sumit their respective memoranda, if possile in electronic form, within a
non-extendile period of thirt" >'+$ da"s from the date the case is
sumitted for decision.1'4
2. Period to Tr" and Deide6 Priorit" of En'iron(enta& Cases
!he court shall have a period of one >1$ "ear from the filing of the
complaint to tr" and decide the case. Cefore the expiration of the one-"ear
period, the court ma" petition the 6upreme /ourt for the extension of the
period for justifiale cause.1'0 !he court shall have a period of sixt" >3+$
da"s to decide the case from the date the case is sumitted for
decision.17+ !he court shall prioritize the adjudication of environmental
cases.171
L. Ci'i& SLAPP S%its
,. Definition
6trategic lawsuit against pulic participation >6<2PP$ refers to an
action whether civil, criminal or administrative, rought against an"
person, institution or an" government agenc" or local government unit or
its officials and emplo"ees, with the intent to harass, vex, exert undue
pressure or stifle an" legal recourse that such person, institution or
government agenc" has ta@en or ma" ta@e in the enforcement of
environmental laws, protection of the environment or assertion of
environmental rights.17&
1'* d., 6ec. '.
1'4 d., 6ec. 7.
1'0 d., 6ec. ,.
17+ d., 6ec. 7.
171 d., 6ec. ,.
17& d., -ule 1, 6ec. 7 >g$ and -ule 3, 6ec. 1.
E);8-1)ME)!2< <29 2)( P-1/E(=-2< -=<E6
K-7&
-. SLAPP as Defense in Ans)er6 Not Gro%nd for Motion to Dis(iss
8n a 6<2PP filed against a person involved in the enforcement of
environmental laws, protection of the environment, or assertion of
environmental rights, the defendant ma" file an answer interposing as a
defense that the case is a 6<2PP and shall e supported " documents,
affidavits, papers and other evidence% and, " wa" of counterclaim, pra"
for damages, attorne"5s fees and costs of suit.17' !he court shall direct the
plaintiff or adverse part" to file an opposition showing the suit is not a
6<2PP, attaching evidence in support thereof, within a non-extendile
period of five >,$ da"s from receipt of notice that an answer has een
filed.177
=nli@e its counterpart in criminal 6<2PP suits, the fact that the case is
a civil 6<2PP suit is not a ground for a Motion to (ismiss, ut merel" a
defense to e raised in the 2nswer.17,
.. S%((ar" 7earin!
!he defense of a 6<2PP shall e set for hearing " the court after
issuance of the order to file an opposition within fifteen >1,$ da"s from
filing of the comment or the lapse of the period. !he hearing on the
defense of a 6<2PP shall e summar" in nature. !he parties must sumit
all availale evidence in support of their respective positions.173
1. Defendant<s and P&aintiff<s 9%ant%( of E'idene on SLAPP Cases
Distin!%is#ed
!he part" see@ing the dismissal of the case must prove " sustantial
evidence that his acts for the enforcement of environmental law are
legitimate actions for the protection, preservation, and rehailitation of the
environment. !he part" filing the action assailed as a 6<2PP shall prove
" preponderance of evidence that the action is not a 6<2PP and is a
valid claim.17*
2. Re&ief and Re(ed" after Deter(ination
!he affirmative defense of a 6<2PP shall e resolved within thirt" >'+$
da"s after the summar" hearing. 8f the court dismisses the action, the
court ma" award damages, attorne"5s fees, and costs of suit under a
17' d., -ule 3, 6ec. &.
177 d.
17, d., -ule 10, 6ec. 1.
173 d., -ule 3, 6ec. '.
17* d., 6ec. '.
E);8-1)ME)!2< <29 2)( P-1/E(=-2< -=<E6
K-7'
counterclaim if such has een filed. !he dismissal shall e with
prejudice.174
8f the court rejects the defense of a 6<2PP, the evidence adduced
during the summar" hearing shall e treated as evidence of the parties on
the merits of the case. !he action shall proceed in accordance with the
-ules of /ourt.170
3. SLAPP S%its %nder t#e C&ean Air At ?Re+. At No. =41B@ and t#e
So&id Waste Mana!e(ent At ?Re+. At No. BCC.@
9here a case >6<2PP suit$ is filed against a person who filed a citizen
suit, the investigating prosecutor or the court shall immediatel" ma@e a
determination within thirt" >'+$ da"s whether said legal action has een
filed to harass, vex, exert undue pressure or stifle such legal recourse of
the person filing the citizen suit. =pon determination thereof, the court
shall dismiss the case and award attorne"5s fees and doule damages.
/ourt actions against 6<2PP suits also appl" to enefit pulic officers who
are sued for enforcing the 2ct without grave ause of authorit".1,+
M. J%d!(ent and E/e%tion
,. J%d!(ents in fa'or of En'iron(ent not Sta"ed *" A++ea&
2n" judgment directing the performance of acts for the protection,
preservation, or rehailitation of the environment shall e executor"
pending appeal, unless restrained " the appellate court.1,1
-. Per(anent EPO and Contin%in! Manda(%s in J%d!(ent
8n the judgment, the court ma" convert the !EP1 to a permanent EP1
or issue a writ of continuing mandamus directing the performance of acts
which shall e effective until the judgment is full" satisfied. !he court ma",
" itself or through the appropriate government agenc", monitor the
execution of the judgment and reDuire the part" concerned to sumit
written reports on a Duarterl" asis, or sooner as ma" e necessar",
detailing the progress of the execution and satisfaction of the judgment.
!he other part" ma", at its option, sumit its comments or oservations on
the execution of the judgment.1,&
174 d., 6ec. 7.
170 d.
1,+ -ep. 2ct )o. 4*70, 6ec. 7'% -ep. 2ct )o. 0++', 6ec. ,'.
1,1 d., -ule ,, 6ec. &.
1,& d., 6ec. '.
E);8-1)ME)!2< <29 2)( P-1/E(=-2< -=<E6
K-77
.. Referra& to a Co((issioner
!he court ma" motu proprio! or upon motion of the prevailing part",
order that the enforcement of the judgment or order e referred to a
commissioner to e appointed " the court. !he commissioner shall file
with the court written progress reports on a Duarterl" asis or more
freDuentl" when necessar".1,'
1. Ret%rn of Writ of E/e%tion
!he process of execution shall terminate upon a sufficient showing that
the decision or order has een implemented to the satisfaction of the court
in accordance with 6ec. 17, -ule '0 of the -ules of /ourt.1,7
N. J%diia& Re'ie) of DENR Deisions 'ia S+eia& Ci'i& Ations %nder
R%&e 32
,. Re'ie) on&" in Cases of Gra'e A*%se of Disretion
!he courts will onl" encroach upon the discretion and jurisdiction of the
(E)- in cases of grave ause of discretion. 8t is onl" upon a showing of a
clear grave ause of discretion on the part of officials in the (E)- and
related ureaus that the courts ma" step in, in the exercise of their judicial
powers under the /onstitution.1,,
-. Instanes of Gra'e A*%se of Disretion in En'iron(enta&
Ad(inistrati'e Deisions
!he grant of licenses or permits to exploit the countr"Js natural
resources, if done in contravention of the procedure outlined in the law, or
as a result of fraud and undue influence exerted on department officials, is
indicative of an aritrar" and whimsical exercise of the 6tateJs power to
regulate the use and exploitation of these resources. !he alleged practice
of estowing Hspecial favorsH to preferred individuals, regardless of merit,
would e an ause of this power. 6hould the appropriate case e rought
showing a clear grave ause of discretion on the part of officials in the
(E)- and related ureaus with respect to the implementation of this
pulic polic", the courts will step in and wield authorit", when invo@ed, in
the exercise of judicial powers under the /onstitution.1,3
1,' d., 6ec. 7.
1,7 d., 6ec. ,.
1,, &smael v. )eput( E4ecutive Secretar(, supra note 33.
1,3 d.
E);8-1)ME)!2< <29 2)( P-1/E(=-2< -=<E6
K-7,
III. SPECIAL CIVIL ACTIONS
A. Writ of Kalikasan
,. Nat%re of t#e Writ6 W#o Ma" 0i&e
!he writ is a remed" availale to a natural or juridical person, entit"
authorized " law, people5s organization, non-governmental organization,
or an" pulic interest group accredited " or registered with an"
government agenc", on ehalf of persons whose constitutional right to a
alanced and healthful ecolog" is violated, or threatened with violation "
an unlawful act or omission of a pulic official or emplo"ee, or private
individual or entit", involving environmental damage of such magnitude as
to prejudice the life, health or propert" of inhaitants in two or more cities
or provinces.1,*
-. Contents of Petition
!he petition shall e verified and contain the following#
1$ !he personal circumstances of the petitioner%
&$ !he name and personal circumstances of the respondent, or if the
name and personal circumstances are un@nown and uncertain, the
respondent ma" e descried " an assumed appellation%
'$ !he environmental law, rule or regulation violated or threatened to
e violated, the act or omission complained of, and the
environmental damage of such magnitude as to prejudice the life,
health or propert" of inhaitants in two or more cities or provinces%
7$ 2ll relevant and material evidence consisting of the affidavits of
witnesses, documentar" evidence, scientific or other expert studies,
and, if possile, oject evidence%
,$ !he certification of petitioner under oath that# >1$ petitioner has not
commenced an" action or filed an" claim involving the same issues
in an" court, triunal or Duasi-judicial agenc", and no such other
action or claim is pending therein% >&$ if there is such other pending
action or claim, a complete statement of its present status% >'$ if
petitioner should learn that the same or similar action or claim has
een filed or is pending, petitioner shall report to the court that fact
within five >,$ da"s therefrom% and
3$ !he reliefs pra"ed for which ma" include a pra"er for the issuance
of a !EP1.1,4
1,* -=<E6 1. P-1/E(=-E .1- E);8-1)ME)!2< /26E6, -ule *, 6ec. 1.
1,4 d., 6ec. &.
E);8-1)ME)!2< <29 2)( P-1/E(=-2< -=<E6
K-73
.. W#ere to 0i&e
!he writ ma" onl" e filed with the 6upreme /ourt or the /ourt of
2ppeals.1,0
1. E/e(+tion fro( DoDet 0ees
!he petitioner for a 9rit of 9ali"asan shall e exempt from the
pa"ment of doc@et fees.13+
2. Iss%ane of t#e Writ6 Ser'ie6 Ret%rn
9ithin three >'$ da"s from the date of filing of the petition, if the petition
is sufficient in form and sustance, the court shall give an order# >a$
issuing the writ% and >$ reDuiring the respondent to file a verified return as
provided in 6ec. 4 of -ule * of the -ules of Procedure for Environmental
/ases. !he cler@ of court shall forthwith issue the writ under the seal of
the court, including the issuance of a cease and desist order and other
temporar" reliefs effective until further order.131
!he writ shall e served upon the respondent " a court officer or an"
person deputized " the court, who shall retain a cop" on which to ma@e a
return of service. 8n case the writ cannot e served personall", the rule on
sustituted service shall appl".13&
2 cler@ of court who undul" dela"s or refuses to issue the writ after its
allowance, or a court officer or deputized person who undul" dela"s or
refuses to serve the same shall e punished " the court for contempt,
without prejudice to other civil, criminal or administrative actions.13'
9ithin a non-extendile period of ten >1+$ da"s after service of the
writ, the respondent shall file a verified return which shall contain all
defenses to show that respondent did not violate or threaten to violate, or
allow the violation of an" environmental law, rule or regulation or commit
an" act resulting to environmental damage of such magnitude as to
prejudice the life, health or propert" of inhaitants in two or more cities or
provinces. 2ll defenses not raised in the return shall e deemed waived.137
!he return shall include affidavits of witnesses, documentar" evidence,
scientific or other expert studies, and, if possile, oject evidence, in
1,0 d., 6ec. '.
13+ d., 6ec. 7.
131 d., 6ec. ,.
13& d., 6ec. 3.
13' d., 6ec. *.
137 d., 6ec. 4.
E);8-1)ME)!2< <29 2)( P-1/E(=-2< -=<E6
K-7*
support of the defense of the respondent. 2 general denial of allegations
in the petition shall e considered an admission thereof.13, 8n case the
respondent fails to file a return, the court shall proceed to hear the petition
e4 parte.133
3. Pre&i(inar" Conferene and 7earin!
=pon receipt of the return of the respondent, the court ma" call a
preliminar" conference to simplif" the issues, determine the possiilit" of
otaining stipulations or admissions from the parties, and set the petition
for hearing.13*
!he hearing, including the preliminar" conference shall not extend
e"ond sixt" >3+$ da"s and shall e given the same priorit" as petitions for
the writs of habeas corpus, amparo and habeas data.134
4. Pro#i*ited P&eadin!s and Motions
!he following pleadings and motions are prohiited#
1$ Motion to dismiss%
&$ Motion for extension of time to file return%
'$ Motion for postponement%
7$ Motion for a ill of particulars%
,$ /ounterclaim or cross-claim%
3$ !hird-part" complaint%
*$ -epl"% and
4$ Motion to declare respondent in default.130
=. Diso'er" Meas%res
2 part" ma" file a verified motion for the following reliefs#
1$ 1cular 8nspection 1rder - !he motion must show that an ocular
inspection order is necessar" to estalish the magnitude of the
violation or the threat as to prejudice the life, health or propert" of
inhaitants in two or more cities or provinces. 8t shall state in detail
the place or places to e inspected. 8t shall e supported "
affidavits of witnesses having personal @nowledge of the violation
or threatened violation of environmental law. 2fter hearing, the
court ma" order an" person in possession or control of a
13, d.
133 d., 6ec. 1+.
13* d., 6ec. 11.
134 d.
130 d., 6ec. 0.
E);8-1)ME)!2< <29 2)( P-1/E(=-2< -=<E6
K-74
designated land or other propert" to permit entr" for the purpose of
inspecting or photographing the propert" or an" relevant oject or
operation thereon. !he order shall specif" the person or persons
authorized to ma@e the inspection and the date, time, place and
manner of ma@ing the inspection, and ma" prescrie other
conditions to protect the constitutional rights of all parties.
&$ Production or inspection of documents or things - !he motion must
show that a production order is necessar" to estalish the
magnitude of the violation or the threat as to prejudice the life,
health or propert" of inhaitants in two or more cities or provinces.
2fter hearing, the court ma" order an" person in possession,
custod" or control of an" designated documents, papers, oo@s,
accounts, letters, photographs, ojects or tangile things, or ojects
in digitized or electronic form, which constitute or contain evidence
relevant to the petition or the return, to produce and permit their
inspection, cop"ing or photographing " or on ehalf of the movant.
!he production order shall specif" the person or persons authorized
to ma@e the production and the date, time, place and manner of
ma@ing the inspection or production, and ma" prescrie other
conditions to protect the constitutional rights of all parties.1*+
B. Conte(+t
!he court ma", after hearing, punish the respondent who refuses or
undul" dela"s the filing of a return, or who ma@es a false return, or an"
person who disoe"s or resists a lawful process or order of the court for
indirect contempt under -ule *1 of the -ules of /ourt.1*1
,C. S%*(ission for Deision6 Me(oranda
2fter hearing, the court shall issue an order sumitting the case for
decision. !he court ma" reDuire the filing of memoranda and, if possile,
in its electronic form, within a non-extendile period of thirt" >'+$ da"s
from the date the petition is sumitted for decision.1*&
,,. Re&iefs %+on J%d!(ent
9ithin sixt" >3+$ da"s from the time the petition is sumitted for
decision, the court shall render judgment granting or den"ing the privilege
of the writ of "ali"asan.1*'
1*+ d., 6ec. 1&.
1*1 d., 6ec. 1'.
1*& d., 6ec. 17.
1*' d., 6ec. 1,.
E);8-1)ME)!2< <29 2)( P-1/E(=-2< -=<E6
K-70
!he reliefs that ma" e granted under the writ are the following#
1$ (irecting respondent to permanentl" cease and desist from
committing acts or neglecting the performance of a dut" in violation
of environmental laws resulting in environmental destruction or
damage%
&$ (irecting the respondent pulic official, government agenc", private
person or entit" to protect, preserve, rehailitate or restore the
environment%
'$ (irecting the respondent pulic official, government agenc", private
person or entit" to monitor strict compliance with the decision and
orders of the court%
7$ (irecting the respondent pulic official, government agenc", or
private person or entit" to ma@e periodic reports on the execution of
the final judgment% and
,$ 6uch other reliefs which relate to the right of the people to a
alanced and healthful ecolog" or to the protection, preservation,
rehailitation or restoration of the environment, except the award of
damages to individual petitioners.1*7
$. Writ of Contin%in! Manda(%s
,. Nat%re of t#e Writ
(escried as ?continuing mandamusK under other judicial disciplines,
the court ma", under extraordinar" circumstances, issue directives with
the end in view of ensuring that its decision would not e set to naught "
administrative inaction or indifference. 8n the light of ongoing
environmental degradation, the courts can emphasize the extreme
necessit" for executive agencies to immediatel" act and set the timetale
for the performance and completion of tas@s as defined for them in the
law.1*,
-. Definition
/ontinuing Mandamus is a writ issued " a court in an environmental
case directing an" agenc" or instrumentalit" of the government or officer
thereof to perform an act or series of acts decreed " final judgment which
shall remain effective until judgment is full" satisfied.1*3
1*7 d.
1*, ,etropolitan ,anila )evelopment 'uthorit( vs. Concerned Residents of ,anila 0a(, supra
note 1+*.
1*3 -=<E6 1. P-1/E(=-E .1- E);8-1)ME)!2< /26E6, -ule 1, 6ec. ' >c$.
E);8-1)ME)!2< <29 2)( P-1/E(=-2< -=<E6
K-,+
.. W#o (a" 0i&e
2 petition for the writ ma" e filed when an" agenc" or instrumentalit"
of the government or officer thereof unlawfull" neglects the performance of
an act which the law specificall" enjoins as a dut" resulting from an office,
trust or station in connection with the enforcement or violation of an
environmental law, rule or regulation or a right therein, or unlawfull"
excludes another from the use or enjo"ment of such right and there is no
other plain, speed", and adeDuate remed" in the ordinar" course of law.
!he petition should specif" that it concerns an environmental law, rule or
regulation, and that judgment e rendered commanding the respondent to
do an act or series of acts until the judgment is full" satisfied, and to pa"
damages sustained " the petitioner " reason of the malicious neglect to
perform the duties of the respondent, under the law, rules or
regulations.1**
!he petition ma" e filed " one who is personall" aggrieved " the
unlawful omission.1*4
1. W#ere to 0i&e
!he petition shall e filed with the -egional !rial /ourt exercising
jurisdiction over the territor" where the actionale neglect or omission
occurred or with the /ourt of 2ppeals or the 6upreme /ourt.1*0
2. E/e(+tion fro( DoDet 0ees
!he petitioner for a writ of continuing mandamus shall e exempt from
the pa"ment of doc@et fees.14+
3. Iss%ane of t#e Writ6 Ser'ie6 Co((ent
8f the petition is sufficient in form and sustance, the court shall issue
the writ and reDuire the respondent to comment on the petition within ten
>1+$ da"s from receipt of a cop" thereof. 6uch order shall e served on the
respondents in such manner as the court ma" direct, together with a cop"
of the petition and an" annexes thereto.141
1** d., -ule 4, 6ec. 1.
1*4 d.
1*0 d., 6ec. &.
14+ d., 6ec. '.
141 d., 6ec. 7.
E);8-1)ME)!2< <29 2)( P-1/E(=-2< -=<E6
K-,1
4. S%((ar" 7earin! or S%*(ission of Me(oranda
2fter the comment is filed or the time for the filing thereof has expired,
the court ma" hear the case summaril" or reDuire the parties to sumit
memoranda. !he petition shall e resolved without dela" within sixt" >3+$
da"s from the date of the sumission of the petition for resolution.14&
=. Iss%ane of Te(+orar" En'iron(ent Protetion Order ?TEPO@
!he court in which the petition is filed ma" issue such orders to
expedite the proceedings, and it ma" also grant a !EP1 for the
preservation of the rights of the parties pending such proceedings.14'
B. J%d!(ent on t#e Writ
8f warranted, the court shall grant the privilege of the writ reDuiring
respondent to perform an act or series of acts until the judgment is full"
satisfied and to grant such other reliefs as ma" e warranted resulting
from the wrongful or illegal acts of the respondent. !he court shall reDuire
the respondent to sumit periodic reports detailing the progress and
execution of the judgment, and the court ma", " itself or through a
commissioner or the appropriate government agenc", evaluate and
monitor compliance.147
,C. Ret%rn of t#e Writ
!he periodic reports sumitted " the respondent detailing compliance
with the judgment shall e contained in partial returns of the writ. =pon full
satisfaction of the judgment, a final return of the writ shall e made to the
court " the respondent. 8f the court finds that the judgment has een full"
implemented, satisfaction of judgment shall e entered in the court
doc@et.14,
14& d., 6ec. 3.
14' d., 6ec. ,.
147 d., 6ec. *.
14, d., 6ec. 4.
E);8-1)ME)!2< <29 2)( P-1/E(=-2< -=<E6
K-,&
IV. 0ORESTRE
A. J%risdition of t#e DENR
=nder Pres. (ecree )o. *+,, or the -evised .orestr" /ode, as amended
" Exec. 1rder )o. &**, the Cureau of .orestr", now the .orest Management
Cureau >.MC$ under the (epartment of Environment and )atural -esources
>(E)-$, has jurisdiction over all forest lands143, grazing lands14*, and forest
reservations, including watershed reservations144. !his jurisdiction covers the
protection, development, management, regeneration, and reforestation of
forest lands% the regulation and supervision of the operation of licensees,
lessees and permitees for the ta@ing or use of forest products140 and the
occupanc" of forest lands% and the enforcement of forestr" laws, rules and
regulations.10+
,. 0M$ %nder Diret Contro& and S%+er'ision of DENR Seretar"
!he .MC is directl" under the control and supervision of the 6ecretar"
of the (E)-.101 2s a suordinate officer, the (irector of the .MC is
suject to the control of the 6ecretar" of the (E)- who ma" impose
reasonale regulations in the exercise of the powers of the suordinate
officer.10& !he power of control of the 6ecretar" of the (E)- over the
.MC includes the power to modif", reverse or set aside acts of his
suordinate officials.10' 2ll actions and decisions of the (irector of the
143 Pres. (ecree )o. *+, E10*,F, 6ec. '# #orest lands include the pulic forest, the permanent
forest or forest reserves, and forest reservations. Public forest is the mass of lands of the pulic
domain which has not een the suject of the present s"stem of classification for the
determination of which lands are needed for forest purposes and which are not. Permanent forest
or forest reserves refer to those lands of the pulic domain which have een the suject of the
present s"stem of classification and determined to e needed for forest purposes. #orest
reservations refer to forest lands which have een reserved " the President of the Philippines for
an" specific purpose or purposes.
14* d.# 2razing land refers to that portion of the pulic domain which has een set aside, in view
of the suitailit" of its topograph" and vegetation, for the raising of livestoc@.
144 d., 6ec. '# -atershed reservation is a forest land reservation estalished to protect or
improve the conditions of the water "ield thereof or reduce sedimentation. -atershed is a land
area drained " a stream or fixed od" of water and its triutaries having a common outlet for
surface run-off.
140 d.# #orest product means timer, pulpwood, firewood, ar@, tree top, resin, gum, wood, oil,
hone", eeswax, nipa, rattan, or other forest growth, such as grass, shru, and flowering plant,
the associated water, fish, game, scenic, historical, recreational and geologic resources in forest
lands.
10+ d., 6ec. ,# Iurisdiction over national par@s, marine par@s, game refuges and wildlife has een
largel" transferred to the Protected 2reas and 9ildlife Cureau of the (E)-, pursuant to Coo@ 8;,
!itle L8;, 6ection 10 of Executive 1rder )o. &0& or the -evised 2dministrative /ode of 104* and
-epulic 2ct )o. *,43 or the )ational 8ntegrated Protected 2reas 6"stem 2ct of 100&.
101 d.! 6ec. *.
10& )irector of #orestr( v. 0enedicto, B.-. )o. &00,3, Ma" ,, 1041, 1+7 6/-2 '+,.
10' %an v. )irector of #orestr(, supra note ,3.
E);8-1)ME)!2< <29 2)( P-1/E(=-2< -=<E6
K-,'
.MC are suject to the review of the 6ecretar" of the (E)-, either motu
proprio or upon appeal of an" person aggrieved there".107
-. Co%rt Re'ie) of Deisions of t#e DENR Seretar" *ro%!#t on&" *"
S+eia& Ci'i& Ation for Certiorari or Pro#i*ition
!he decision of the (E)- 6ecretar" in forestr" cases is final and
executor" after the lapse of thirt" >'+$ da"s from receipt " the aggrieved
part" of said decision, unless appealed to the 1ffice of the President. !he
decision of the 6ecretar" ma" not e reviewed " the courts, except
through a special civil action for certiorari or prohiition.10,
.. A%t#orit" of DENR Offiers to E/a(ine $ooDs and to Aess
Areas Co'ered *" Lienses and Per(its
!he 6ecretar" of the (E)-, " himself or thru the .MC (irector or an"
Dualified person dul" designated " him, ma" investigate, inspect and
examine records, oo@s and other documents relating to the operation of
an" holder of a license agreement, license, lease, or permit, and its
susidiar" or affiliated companies.103 .orest officers10*, or other
government officials or emplo"ees dul" authorized " the 6ecretar" of the
(E)- or (irector of the .MC, have free entr" into areas covered " a
license agreement, license, lease or permit.104
1. A%t#orit" of DENR Offiers to Ad(inister Oat#s and TaDe
Testi(on"
(E)- officers are li@ewise authorized to administer oath and ta@e
ac@nowledgment in official matters connected with the functions of their
office, and to ta@e testimon" in official investigations conducted under the
authorit" of the -evised .orestr" /ode and its implementing rules and
regulations.100
107 Pres. (ecree )o. *+,, 6ec. 4% Paat v. Court of 'ppeals, supra note ,1.
10, d.
103 Pres. (ecree )o. *+,, 6ec. 77.
10* d., 6ec. '# #orest officer means an" official or emplo"ee of the Cureau who, " the nature of
his appointment or the function of the position to which he is appointed, is delegated " law or "
competent authorit" to execute, implement or enforce the provisions of this /ode, other related
laws, as well as their implementing regulations.
104 d., 6ec. 7,.
100 d.
E);8-1)ME)!2< <29 2)( P-1/E(=-2< -=<E6
K-,7
2. A%t#orit" to De+%ti5e Offiia&s or Ot#er 9%a&ified Persons to Assist
in Protetion of En'iron(ent
!he 6ecretar" of the (E)- ma" deputize an" agenc", aranga" or
arrio official, or an" Dualified person to protect the forest and exercise
said powers or authorit".&++
=nder (epartment 2dministrative 1rder >(21$ )o. &++4-&&, the
(E)- deputizes environment and natural resources officers, or
individuals or groups who are authorized to assist in the enforcement of
laws, rules and regulations governing environment, forest lands, mineral
lands, protected areas and other lands of the pulic domain under the
jurisdiction of the (E)-% assist in the issuance of apprehension receipts,
seizure orders and notices of administrative hearings including the
proceedings necessar" for the conduct of the administrative adjudication
of illegall" procured, transported, possessed or utilized forest products,
wildlife >flora and fauna$, minerals and other natural resources% and arrest,
even without warrant, an" person who has committed or is committing an"
of the offenses provided in environmental and natural resources laws,
rules and regulations.&+1
2 peace officer or an individual deputized " the proper government
agenc" ma" effect a warrantless arrest. 8ndividuals deputized " the
proper government agenc" who are enforcing environmental laws shall
enjo" the presumption of regularit" under 6ection '>m$, -ule 1'1 of the
-ules of /ourt when effecting arrests for violations of environmental
laws.&+&
$. Cri(ina& Offenses
,. I&&e!a& Lo!!in!
Pres. (ecree )o. *+, penalizes several acts as criminal offenses, the
act most regularl" committed eing the cutting, gathering, collecting and
removing of timer or other forest products from an" forest land, or timer
from alienale or disposale pulic or private land, without an" authorit",
or the possession of timer or other forest products without legal
documents as reDuired under existing forest laws and regulations.&+'
&++ d., 6ec. 40.
&+1 (E)- (EP2-!ME)! 2(M8)86!-2!8;E 1-(E- &++4-&&, 6eptemer '+, &++4.
&+& -ules of Procedure for Environmental /ases, -ule 11, 6ec. 1.
&+' Pres. (ecree )o. *+,, 6ec. **.
E);8-1)ME)!2< <29 2)( P-1/E(=-2< -=<E6
K-,,
-. Ot#er Offenses
1ther criminal offenses include the unlawful occupation or destruction
of forest and grazing lands% pasturing livestoc@ in forest, grazing and
alienale and disposale lands without permit% illegal occupation of
national par@s and recreation areas and vandalism therein% destruction of
wildlife resources% surve" " unauthorized persons% misclassification and
surve" " government official and emplo"ee% issuance of tax declaration
on real propert" without the proper (E)- certification% coercion and
influence of pulic officer or emplo"ee% unlawful possession of implements
and devices used " forest officers% failure to pa", collect or remit forest
charges% and failure to adhere to grading rules in the sale of wood
products.&+7
.. J%diia& and Ad(inistrati'e Confisation and 0orfeit%re
8n most of these criminal offenses, the penalt" after judgment includes
the confiscation and forfeiture in favor of the government of the fruits of,
and the tools and implements used in the commission of the crime.
:owever, in all cases of violations of Pres. (ecree )o. *+, or other forest
laws, rules and regulations, the 6ecretar" of the (E)- ma", efore
judgment, order the apprehension and seizure of an" forest products
illegall" cut, gathered, removed, or possessed or aandoned, and all
conve"ances used in the commission of the offense for purposes of
administrative proceedings for confiscation or judicial prosecution.&+,
C. I&&e!a& C%ttin!: Gat#erin! and Possession
,. T#ree Cate!ories of Ats P%nis#ed
6ection ** penalizes three categories of acts#
1$ !he cutting, gathering, collecting, or removing of timer or other
forest products from an" forest land without an" authorit"%
&$ !he cutting, gathering, collecting, or removing of timer from
alienale or disposale pulic land, or from private land without an"
authorit"% and
'$ !he possession of timer or other forest products without the legal
documents as reDuired under existing forest laws and
regulations.&+3
&+7 d., 6ecs. *4-44.
&+, d., 6ec. **-2.
&+3 ,erida v. People, B.-. )o. 1,414&, Iune 1&, &++4, ,,7 6/-2 '33.
E);8-1)ME)!2< <29 2)( P-1/E(=-2< -=<E6
K-,3
!he phrase ?existing forest laws and regulationsK in the third categor"
is interpreted to mean as those existing at the time of the commission of
the offense, and not those existing at the time of the enactment of Exec.
1rder )o. &**, which amends Pres. (ecree )o. *+, to penalize mere
possession of timer and other forest products without legal documents.&+*
-. T)o Distint and Se+arate Offenses P%nis#ed
6ection ** of Pres. (ecree )o. *+,, therefore, criminalizes two distinct
and separate offenses, namel"#
1$ /utting, gathering, collecting and removing of timer or other forest
products from an" forest land, or timer from alienale or
disposale pulic land, or from private land without an" authorit"%
and
&$ Possession of timer or other forest products without the legal
documents reDuired under existing laws and regulations.&+4
8n the first offense, one can raise as a defense the legalit" of the acts
of cutting, gathering, collecting or removing timer or other forest products
" presenting the authorization issued " the (E)-. 8n the second
offense, it is immaterial whether the cutting, gathering, collecting and
removal of the forest products is legal or not ecause what the law
penalizes is the illegal possession, or possession without legal
documents, of timer or forest products, whether legall" acDuired or not.&+0
.. E&e(ents of t#e Cri(e of I&&e!a& C%ttin!: Gat#erin!: Co&&etin! and
Re(o'in!
!he elements of the first two categories of crimes under 6ec. ** are#
1$ !hat the accused cut, gathered, collected or removed timer or other
forest products%
&$ !hat the timer or other forest products cut, gathered, collected or
removed elongs to the government or to an" private individual% and
'$ !hat the cutting, gathering, collecting or removing was without
authorit" under a license agreement, lease, license, or permit granted
" the state.&1+
&+* People v. :ue, B.-. )o. 1&+'3,, (ecemer 1*, 1003, &3, 6/-2 *&1.
&+4 ,onge v. People of the Philippines, B.-. )o. 1*+'+4, March *, &++4, ,74 6/-2 ,7&. People
v. :ue, supra note &+*% %igo( v. Court of 'ppeals, B.-. )o. 17737+, Iune &3, &++3, 70& 6/-2
,'0.
&+0 People of the Philippines v. :ue, supra note &+*.
&1+ People of the Philippines v. C# of :uezon, B.-. )o. 73**&, .eruar" 1', 100&! &+3 6/-2
14*.
E);8-1)ME)!2< <29 2)( P-1/E(=-2< -=<E6
K-,*
1. O)ners#i+ not an Essentia& E&e(ent
1wnership is not an essential element of the offense as defined in 6ec.
** of Pres. (ecree )o. *+,. !he failure of the information to allege the
true owner of the timer or forest products is not material. 8t is sufficient
that it alleges that the ta@ing was without an" authorit" or license from the
government.&11
2t the same time, a person who cuts trees within his own propert" for
his own use, ut without the necessar" permit from the (E)- and without
transporting the same outside said propert" can still e criminall" charged
for violating Pres. (ecree )o. *+,. !he law does not distinguish whether
or not the person who commits the illegal acts is the owner of the propert".
9hat is material in determining culpailit" is whether or not the person or
entit" so charged has acDuired the reDuired permit, license or
authorization from the (E)- at the time he or it cuts, gathers or collects
timer or other forest products.&1&
2. As Co(+ared to 9%a&ified T#eft
!he cutting, gathering, collecting, removing, and possession of timer
or other forest products without the necessar" permit is no longer
punished as Dualified theft, ut the penalt" for Dualified theft is imposed.&1'
!he acts of cutting, gathering, collecting, removing or possessing
forest products without authorit" constitute distinct offenses that are now
independent of the crime of theft under 2rts. '+0 and '1+ of the -evised
Penal /ode >-P/$, ut the penalt" to e imposed is that which is provided
under these articles.&17
!he law treats cutting, gathering, collecting and possessing timer or
other forest products without license as an offense as grave as and
eDuivalent to the felon" of Dualified theft.&1,
!he fact that the crime is punished with the same penalt" as that of
Dualified theft does not mean that said penalties cannot e imposed if the
accused is the owner of the timer and the land from which the" were cut
or gathered. 9hether or not the legislature was correct in imposing on
violators of Pres. (ecree )o. *+, a penalt" eDual to that imposale on
those guilt" of Dualified theft is a Duestion e"ond the power of courts to
resolve.&13
&11 d.
&1& Roldan! .r. v. ,adrona, et al.! B.-. )o. 1,&040, 6eptemer 7, &++&.
&1' Paat v. Court of 'ppeals, supra note ,1.
&17 0on v. People, B.-. )o. 1,&13+, Ianuar" 1', &++7, 710 6/-2 1+1.
&1, %aopa v. People, B.-. )o. 147+04, )ovemer &,, &++4, ,*1 6/-2 31+.
&13 Roldan v. ,adrona, supra note &1&.
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3. I&&e!a& Possession of 0orest Prod%ts
Mere possession of forest products without the proper documents
consummates the crime of illegal possession of forest products. 9hether
or not the timer or forest product comes from a legal source is immaterial
ecause Pres. (ecree )o. *+,, as amended " Exec. 1rder )o. &**,
considers mere possession without the proper legal documents as malum
prohibitum.&1* !he motive or intention underl"ing the act is immaterial
since mere possession of the confiscated pieces of timer without legal
documents, as reDuired under existing forest laws and regulations, gives
rise to criminal liailit".&14
4. Do%(ents Re>%ired in Possession of Ti(*er and 0orest
Prod%ts
(E)- 2dministrative 1rder >(21$ )o. ,0, series of 100' specifies the
documents reDuired for the transport of timer and other forest products.
6ection ' thereof reDuires that the transport of logs, lumer, pl"wood,
veneer, non-timer forest products and wood-ased or nonwood-ased
products G commodities are accompanied " a certificate of origin dul"
issued " the (E)--/ommunit" Environment and )atural -esources
1fficer >/E)-1$ or other authorized (E)- officials.&10
=. Mere Ver*a& A%t#orit" Cannot Le!a&i5e Possession
Mere veral permission from the (E)- /E)-1 authorized to issue
the legal documents is not sufficient to legalize possession. )either is a
(E)- regulation >(21 *0-0+$ which prescries that no permit is
necessar" in the cutting of planted trees in titled lands, except for premium
species, sufficient justification for the asence of legal documents, since
the same regulation reDuires a certification from the /E)-1 concerned to
the effect that the timer came from a titled land or tax declared alienale
and disposale land, and which certification must accompan" the
shipment or transport.&&+
B. Ats Constit%tin! Possession
9here the truc@ carr"ing the seized illegall"-cut lumer was loaded in
front of the house of the accused and said accused accompanied the truc@
up to where the truc@ and lumer were seized, said facts prove the
accused5s exercise of dominion and control over the lumer loaded in the
&1* d.
&14 People of the Philippines v. )ator, B.-. )o. 1'317&, 1ctoer &7, &+++, '77 6/-2 &&&.
&10 ,onge v. People Philippines, supra note &+4, People of the Philippines v. :ue, supra note
&+*.
&&+ People of the Philippines v. )ator, supra note &14.
E);8-1)ME)!2< <29 2)( P-1/E(=-2< -=<E6
K-,0
truc@. !he acts constitute possession of timer or other forest products
without the reDuired legal documents. Moreover, where the accused ran
awa" at the mere sight of the police is li@ewise largel" indicative of guilt.&&1
,C. Ats P%nis#ed %nder Pres. Deree No. 4C2 are Mala Prohibita
Pres. (ecree )o. *+, is a special penal statute that punishes acts
essentiall" mala prohibita. 8n prosecutions under its provisions, claims of
good faith are not reliale as defenses ecause the offense is complete
and criminal liailit" attaches once the prohiited acts are committed.&&& 8n
offenses considered as mala prohibita! or when the doing of an act is
prohiited " a special law, the commission of the prohiited act is the
crime itself. 8t is sufficient that the offender has the intent to perpetrate the
act prohiited " the special law, and that it is done @nowingl" and
consciousl".&&'
,,. FTi(*erG Defined
Pres. (ecree )o. *+, does not define HtimerH. 8t onl" defines Hforest
productH. :owever, ?timerK should e ta@en in its common acceptation as
referring to Hwood used for or suitale for uilding or for carpentr" or
joiner".H !ree saplings or tin" tree stems that are too small for use as
posts, panelling, eams, tales, or chairs cannot e considered timer.&&7
2t the same time, the term ?timerK includes ?lumerK so as to ma@e
the possession of lumer without legal documents punishale under the
third categor" of crimes penalized under 6ec. **.&&, <umer is a
processed log or timer. 8nsofar as possession of timer without the
reDuired legal documents is concerned, 6ec. ** of Pres. (ecree )o. *+,,
as amended, ma@es no distinction etween raw or processed timer.&&3
2t an" rate, separate certificates of origin for timer and lumer are still
reDuired, in the same wa" that different certificates are needed for
different non-timer forest products. !he contention that the term HtimerH
includes lumer and, therefore, the certificates of timer origin and their
attachments should have een considered in estalishing the legalit" of
the possession of the lumer is a misapplication of the doctrine laid down
in jurisprudence that the term ?timerK includes lumer.&&*
&&1 %aopa v. Philippines, supra note &1,.
&&& ,onge v. People of the Philippines, supra note &+4.
&&' %igo( v. Court of 'ppeals, supra note &+4% %an v. People of the Philippines, ',& Phil. *&7
>1004$.
&&7 ,erida v. People of the Philippines, supra note &+3.
&&, %an v. People of the Philippines, supra note &&'% 1alican v. 6ergara, B.-. )o. 1+4310, Iul"
'1, 100*, &*3 6/-2 ,14% ,ustang 1umber v. Court of 'ppeals, B.-. )o. 1+7004, Iune 14, 1003,
&,* 6/-2 7'+% ,erida v. People of the Philippines, supra note &+3.
&&3 %an v. People of the Philippines, supra note &&'.
&&* Pallada v. People of the Philippines, B.-. )o. 1'1&*+, March 1*, &+++, '&4 6/-2 707.
E);8-1)ME)!2< <29 2)( P-1/E(=-2< -=<E6
K-3+
D. Sear# and Sei5%re
,. Warrant&ess Sear# of Ti(*er in Mo'in! Ve#i&es
2pprehension and seizure of transported timer and forest products
are valid warrantless searches as the" fall under the exception of a
warrantless search of a moving vehicle, so long as there is proale
cause. Proale cause is defined as the existence of such facts and
circumstances which would lead a reasonale, discreet, and prudent man
to elieve that an offense has een committed and that the ojects sought
in connection with the offense are in the place to e searched. 8t must onl"
e ased on reasonale ground of suspicion or elief that a crime has
een committed or is aout to e committed. !his includes instances of
vehicles speeding awa" after eing flagged down " forest officers or
failure to present the proper documents reDuired for the transport of timer
and forest products at (E)- chec@points.&&4
-. Ao%nta*i&it" of Sei5%re Offier
2lthough the usual duties of a aranga" captain do not ordinaril"
include the receipt of confiscated forest products on ehalf of the
Bovernment, " virtue of 6ec. ** of Pres. (ecree )o. *+,, he ma" e
called on to ta@e custod" thereof as the need arises. C" affixing his
signature in the seizure receipt which clearl" enumerates his oligations
as a custodian therein, a aranga" captain underta@es to safeguard the
lumer on ehalf of the Bovernment and effectivel" ecomes an
accountale officer therefor. Even without signing a seizure receipt, the
aranga" captain is accountale therefor if he was the one who originall"
too@ possession of it on ehalf of the government.&&0
E. Ad(inistrati'e Confisation
6ection **-2 of Pres. (ecree )o. *+, grants the 6ecretar" of the (E)-
the power to order the confiscation of an" forest products illegall" cut,
gathered, removed or possessed or aandoned, and all conve"ances used
either " 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. !his power covers all cases of violations of Pres. (ecree )o. *+, or
other forest laws, rules, and regulations.
!he 6ecretar" of the (E)- and his dul" authorized representatives are
given the authorit" to confiscate and forfeit an" conve"ances utilized in
&&4 Epie v. ,arredo, B.-. )o. 17411*, March &&, &++*, ,14 6/-2 371% People of the Philippines
v. :ue, supra note &+*.
&&0 'rriola v. Sandiganba(an, B.-. )o. 13,*11, Iune '+, &++3, 707 6/-2 '77.
E);8-1)ME)!2< <29 2)( P-1/E(=-2< -=<E6
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violating Pres. (ecree )o. *+, or other forest laws, rules, and regulations.
!he phrase Hto dispose of the sameH is road enough to cover the act of
forfeiting conve"ances in favor of the government. !he onl" limitation is that it
should e made Hin accordance with pertinent laws, regulations or policies on
the matterK.&'+ Cecause of the need to ma@e forestr" laws Hmore responsive
to present situations and realitiesH and in view of the Hurgenc" to conserve the
remaining resources of the countr",H administrative confiscation under 6ec.
**-2 of Pres. (ecree )o. *+,, as amended " Exec. 1rder )o. &**, was
enacted to supplant the inadeDuacies that characterize enforcement of
forestr" laws through criminal actions.&'1
,. Ad(inistrati'e Confisation Distint fro( J%diia& Confisation
!he power of administrative confiscation under 6ec. **-2 of Pres.
(ecree )o. *+, is different and distinct from the judicial confiscation of the
fruits of, and the tools and implements used in, the commission of the
crime. 2dministrative confiscation proceedings under (E)- administrative
orders are different from the confiscation under the -evised Penal /ode
or the .orestr" /ode, which is an additional penalt" imposed in the event
of conviction.&'& !his power of the 6ecretar" of the (E)- is an
administrative remed" totall" separate and distinct from criminal
proceedings.&''
-. Ad(inistrati'e Confisation as Re(ed" in Case of Re&ease of
Con'e"ane *" t#e Co%rt6 D%t" of t#e Co%rt
!he release of vehicles or conve"ances " the court for reasons that
the owner was acDuitted or that the owner is not among the accused does
not render nugator" the administrative authorit" of the (E)- 6ecretar" to
underta@e other remedies. !he released conve"ances and vehicles can
e seized again either " filing a motion for reinvestigation and motion to
include the owner as co-accused in the criminal proceedings or "
underta@ing administrative confiscation proceedings under (21 0*-'&
implementing 6ec. **-2 of Pres. (ecree )o. *+,.&'7 :owever, the court
releasing the vehicles and conve"ances has no oligation to turn over the
same to the (E)- for purposes of administrative confiscation
proceedings. !he court has no mandator" dut" to do so. !he dut" to turn
over vehicles and conve"ances to the nearest (E)- field office rests on
the officials apprehending the same, not on the court.&',
&'+ Paat v. Court of 'ppeals, supra note ,1% #actoran v. Court of 'ppeals, supra note ,&.
&'1 d.
&'& ,omongan v. $mipon, 2.M. )o. M!I-0'-4*7, March 17, 100,, &7& 6/-2 ''&.
&'' Paat v. Court of 'ppeals, supra note ,1.
&'7 ,omongan v. $mipon, supra note &'&.
&', d.
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.. D%e Proess Re>%ire(ents in Ad(inistrati'e Confisation
8n administrative confiscation, failure to oserve procedural rules is
justifiale under certain circumstances, as when it would e asurd to
reDuire a confiscation order or notice and hearing efore seizure could e
effected.&'3 2t the same time, due process in administrative confiscation
proceedings is served when the offenders are given the opportunit" to
explain or move for a reconsideration of the decision of the 6ecretar" or
-egional (irector of the (E)-.&'*
1. Re>%ire(ent to De&i'er t#e A%sed to t#e P%*&i Prose%tor not
A++&ia*&e in Ad(inistrati'e Confisation
!he reDuirement under 6ec. 40 of Pres. (ecree )o. *+, to deliver to
the pulic prosecutor the offender and the confiscated items within six
hours of apprehension does not appl" in administrative confiscation
proceedings. !he same onl" applies when an arrest is made and there is
a need to immediatel" file the information in court for criminal
proceedings.&'4 1n the other hand, should evidence in an" administrative
seizure and confiscation proceeding warrant, the (E)- hearing officer
shall initiate the filing of a criminal complaint efore the /it" or Provincial
Prosecutor or efore the Municipal !rial /ourt for preliminar" investigation
and prosecution.&'0
2. Arrest Proed%re in Ad(inistrati'e Confisation
=nder (21 0*-'&, the 2pprehending 1fficer of the (E)- ma",
whenever circumstances so warrant, effect the arrest and detention of an"
person>s$ apprehended " virtue of administrative seizure and
confiscation proceedings, and deliver such person>s$ to the proper
authorities in accordance with the provisions of Pres. (ecree )o. *+,, as
amended.&7+
6hould the evidence in an" administrative case arising " virtue of
(21 0*-'& so warrant, the :earing 1fficer shall initiate the filing of a
criminal complaint efore the /it" or Provincial Prosecutor or the efore
the Municipal !rial /ourt of appropriate jurisdiction for preliminar"
investigation and prosecution in accordance with law.&71 8n all matters
pertaining to arrests and prosecution of an" person>s$ effected pursuant
&'3 Calub v. Court of 'ppeals, supra note *,.
&'* #actoran v. Court of 'ppeals, supra note ,&% Paat v. Court of 'ppeals, supra note ,1.
&'4 d.
&'0 (EP2-!ME)! 2(M8)86!-2!8;E 1-(E- >(21$ )o. 0*-'& E"earF, 6ec. 1+.&.
&7+ (21 0*-'&, 6ec. 1+ >1$.
&71 d.! 6ec. 1+ >&$.
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thereto, (E)- personnel shall coordinate with the (epartment of Iustice
!as@ .orce on Environment and )atural -esources >(1I-6!.-E)-$.&7&
8n initiating and prosecuting criminal charges, the (E)- 1fficer shall,
in addition to the indictment, file for# >a$ actual damages in an amount
eDuivalent to the value of the illegal forest products confiscated " virtue
hereof% as well as >$ moral and exemplar" damages for prejudice to the
environment, in an amount eDuivalent to ten times >1+L$ the value of the
forest products confiscated.&7'
6hould the evidence so warrant, the (E)- :earing 1fficer in
administrative confiscation proceedings shall, in addition to the foregoing,
promptl" send a complete set of the records of the case, dul" certified "
him as faithful reproductions of the original documents thereof, together
with written .ormal 8ndorsements to other government agencies for
investigation and prosecution in accordance with law. Bovernment
agencies to which cases ma" e indorsed include, ut are not limited to
the# >a$ Cureau of 8nternal -evenue - for failure to pa" forestr" charges
and taxes% >$ (epartment of !rade and 8ndustr" - for violation of trade
and industr" laws, and >c$ the 6ecurities and Exchange /ommission.&77
0. Arrest and Prose%tion
,. Arrest *" DENR Offiia& or P#i&i++ine Nationa& Po&ie
2 forest officer or emplo"ee of the (E)- or an" personnel of the
Philippine )ational Police ma" arrest, even without warrant, an" person
who has committed or is committing in his presence an" of the offenses
punished under the -evised .orestr" /ode. !he forest officer ma" also
seize and confiscate, in favor of the Bovernment, the tools and eDuipment
used in committing the offense, and the forest products cut, gathered or
ta@en " the offender in the process of committing the offense.&7,
-. De&i'er" of Arrested Person and Sei5ed Para+#erna&ia
!he arresting forest officer or (E)- emplo"ee then delivers, within six
>3$ hours from the time of arrest and seizure, the offender and the
confiscated forest products, tools and eDuipment and files the proper
complaint with the appropriate official designated " law to conduct
preliminar" investigation and file the information in court.&73 !he deliver" of
&7& d.! 6ec. 1+ >'$.
&7' d.! 6ec. 1+ >7$.
&77 d.! 6ec. 1+ >,$.
&7, Pres. (ecree )o. *+,, 6ec. 40.
&73 d., 6ec. 40.
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the seized forest products, tools and eDuipment within six >3$ hours
reDuired under this legal provision applies onl" to criminal prosecutions
provided for in 6ec. **, and not to administrative confiscations provided
for in 6ec. **-2.&7*
8f the arrest and seizure are made in the forest, far from the authorities
designated " law to conduct preliminar" investigations, the deliver" to,
and filing of the complaint with the latter must e done within a reasonale
time. !he seized products, materials and eDuipment are also immediatel"
disposed of in accordance with (E)- administrative orders.&74
.. In'esti!ation *" 0orest Offiers and t#e P#i&i++ine Nationa& Po&ie
-eports and complaints regarding the commission of an" offense not
committed in the presence of a forest officer or (E)- emplo"ee, or an"
personnel of the Philippine )ational Police or an" of (E)- deputized
officers or officials, are investigated " forest officers assigned in the area
or an" personnel of the Philippine )ational Police where the offense was
allegedl" committed, and who receives the evidence supporting the report
or complaint.&70
1. 0i&in! of Co(+&aint *" 0orest Offier and t#e P#i&i++ine Nationa&
Po&ie
8f there is a prima facie evidence supporting the complaint or report,
the investigating forest officer or personnel of the Philippine )ational
Police files the necessar" complaint with the appropriate official authorized
" law to conduct a preliminar" investigation and file the information in
/ourt.&,+ !he phrase Hreports and complaintsH refers to Hreports and
complaints as might e rought to the forest officer assigned to the area
b( other forest officers or emplo(ees of the 0ureau of #orest )evelopment
>now the .MC$ or an( of the deputized officers or officials! for violations of
forest laws not committed in their presence.H&,1
&7* #actoran v. Court of 'ppeals, supra note ,&.
&74 Pres. (ecree )o. *+,, 6ec. 40.
&70 d.
&,+ d.
&,1 People v. C# of :uezon, supra note &1+.
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2. 7o) to Co((ene Prose%tion
6ection 40&,& of Pres. (ecree )o. *+, covers two >&$ specific
instances when a forest officer ma" commence a prosecution for violation
of Pres. (ecree )o. *+,. !he first authorizes a forest officer or emplo"ee
of the (E)- to arrest without a warrant an" person who has committed or
is committing, in his presence, an" of the offenses descried in the
.orestr" /ode. !he second covers a situation when an offense descried
in the /ode is not committed in the presence of the forest officer or
emplo"ee and the commission is rought to his attention " a report or a
complaint. 8n oth cases, the forest officer or emplo"ee investigates the
offender and files a complaint with the appropriate official authorized "
law to conduct a preliminar" investigation and file the necessar"
information in court.&,'
&,& Pres. (ecree )o. *+,, 6ec. 40. 'rrest5 nstitution of criminal actions. - 2 forest officer or
emplo"ee of the Cureau shall arrest even without warrant an" person who has committed or is
committing in his presence an" of the offenses defined in this /hapter. :e shall also seize and
confiscate, in favor of the Bovernment, the tools and eDuipment used in committing the offense,
and the forest products cut, gathered or ta@en " the offender in the process of committing the
offense. !he arresting forest officer or emplo"ee shall thereafter deliver within six >3$ hours from
the time of arrest and seizure, the offender and the confiscated forest products, tools and
eDuipment to, and file the proper complaint with, the appropriate official designated " law to
conduct preliminar" investigations and file informations in court.
8f the arrest and seizure are made in the forests, far from the authorities designated "
law to conduct preliminar" investigations, the deliver" to, and filing of the complaint with, the latter
shall e done within a reasonale time sufficient for ordinar" travel from the place of arrest to the
place of deliver". !he seized products, materials and eDuipment shall e immediatel" disposed of
in accordance with forestr" administrative orders promulgated " the (epartment :ead.
!he (epartment :ead ma" deputize an" agenc", aranga" or arrio official, or an"
Dualified person to protect the forest and exercise the power or authorit" provided for in the
preceding paragraph.
-eports and complaints regarding the commission of an" of the offenses defined in this
/hapter, not committed in the presence of an" forest officer or emplo"ee, or an" personnel of the
Philippine /onstaular"GPhilippine )ational Police, or an" of the deputized officers or officials,
shall immediatel" e investigated " the forest officer assigned in the area or an" personnel of
the Philippine /onstaular"GPhilippine )ational Police where the offense was allegedl"
committed, who shall thereupon receive the evidence supporting the report or complaint.
8f there is prima facie evidence to support the complaint or report, the investigating forest
officer andGor memers of the Philippine /onstaular"GPhilippine )ational Police shall file the
necessar" complaint with the appropriate official authorized " law to conduct a preliminar"
investigation of criminal cases and file an information in /ourt.
&,' People v. C# of :uezon, supra note &1+.
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3. Pre&i(inar" In'esti!ation ond%ted *" P%*&i Prose%tor: not *"
0orest Offier
6ection 40 does not divest pulic prosecutors of the general authorit"
to conduct preliminar" investigation of complaints filed under Pres. (ecree
)o. *+,. )either did the said section grant forest officers the power to
conduct preliminar" investigation. =nder said 6ection 40, 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 /ode >for violations not committed in his presence$, he is still reDuired
to file the proper complaint with the appropriate official designated " law
to conduct preliminar" investigations in court.&,7
4. Pri'ate Offended Part" (a" 0i&e Co(+&aint Diret&" )it# P%*&i
Prose%tor
2 private complainant as an offended part" is not prevented from filing
the complaint himself. 6ec. 40 of Pres. (ecree )o. *+,, as amended,
does not prohiit an interested person from filing a complaint efore an"
officer authorized " law to conduct a preliminar" investigation for violation
of forestr" laws. !he -evised -ules of /riminal Procedure list the cases
which must e initiated " a complaint filed " specified individuals,
noncompliance
of which ousts the trial court of jurisdiction from tr"ing such
cases. :owever, these cases concern onl" defamation and other crimes
against chastit" and not criminal offenses punished under forestr" laws.&,,
!he phrase in 6ec. 40 of P.(. *+, reDuiring forest officers to investigate
reports and complaints of violations of forestr" laws and file the necessar"
complaint for preliminar" investigation, therefore, does not preclude the
filing of complaints " private parties directl" with the pulic prosecutor for
preliminar" investigation.&,3
=. Presidentia& Deree No. 4C2 Grants 0orest Offiers S+eia&: not
E/&%si'e: A%t#orit" to Arrest and In'esti!ate Offenses
6ection 40 of Pres. (ecree )o. *+, does not reDuire that a complaint
must first e investigated " a forest officer and that onl" the forest officer
ma" file the case for preliminar" investigation. 8t should not e interpreted
to vest exclusive authorit" upon forest officers to conduct investigations
regarding offenses descried in the decree. -ather, it should e construed
as granting forest officers and emplo"ees special authorit" to arrest and
investigate offenses descried in Pres. (ecree )o. *+, to reinforce the
exercise of such authorit" " those upon whom it is vested " general
law.&,*
254 d.
&,, ,erida v. People of the Philippines, supra note &+3.
&,3 People of the Philippines v. C# of :uezon, supra note &1+.
&,* ,erida v. People of the Philippines, supra note &+3.
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G. J%d!(ent and Con'ition
,. Con'ition *ased on Cir%(stantia& E'idene
/onviction ma" e ased on circumstantial evidence as when the
accused admitted to witnesses that he committed the act of cutting the
trees thus estalishing an extrajudicial admission of guilt. !estimon" of
what one heard a part" sa" is not necessaril" hearsa". 8t is admissile in
evidence, not to show that the statement was true, ut that it was in fact
made. 8f credile, it ma" form part of the circumstantial evidence
necessar" to convict the accused.&,4
-. Va&%e of L%(*er not Essentia& E&e(ent
!he 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 lumer is not necessaril" fatal to its case and does not merit a
judgment of acDuittal. !he value of the lumer is not an essential element
in the crime of illegal cutting and gathering or possession of forest
products.&,0
.. Deter(ination of Pena&t"
8n estalishing the value of the timer and forest products illegall"
acDuired or possessed for purposes of determining the appropriate
penalt" for the accused, more than an estimate made " the (E)- official
concerned is needed.&3+ 2n estimate appearing in the official transmittal
letter of the (E)--/E)-1 addressed to the 1ffice of the Provincial
Prosecutor is insufficient.&31
!o prove the amount of the propert" ta@en for fixing the penalt"
imposale against the accused under 2rt. '+0 of the -evised Penal /ode,
the prosecution must present more than a mere uncorroorated HestimateH
of such fact. 8n the asence of independent and reliale corrooration of
such estimate, courts ma" either appl" the minimum penalt" under 2rt.
'+0 or fix the value of the propert" ta@en ased on the attendant
circumstances of the case.&3&
&,4 0on v. People of the Philippines, B.-. )o. 1,&13+, Ianuar" 1', &++7, 710 6/-2 1+1.
&,0 People of the Philippines v. )ator, supra note &14.
&3+ ,erida v. People of the Philippines, supra note &+35 People of the Philippines v. )ator, supra
note &14.
&31 People of the Philippines v. )ator, supra note &14.
&3& ,erida v. People of the Philippines, supra &+35 People of the Philippines v. )ator, supra note
&14.
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1. J%diia& Confisation of t#e Con'e"ane A&&o)ed if O)ner is
0o%nd G%i&t"
2ccording to the -evised Penal /ode, 2rt. 7,, first paragraph# HEEFver"
penalt" imposed for the commission of a felon" shall carr" with it the
forfeiture of the proceeds of the crime and the instrument or tools with
which it was committed.H :owever, this cannot e done if such proceeds
and instruments or tools He the propert" of a third person not liale for the
offense.H 8n such a case, there is no justification for a court to order
forfeiture of a conve"ance or vehicle used in violation of forestr" laws if the
owner thereof is not found guilt" of such violation or was not even included
as an accused in the criminal case in the first place.&3'
7. C#ain Sa) At
H/hain sawH refers to an" portale power saw or similar cutting implement,
rendered operative " an electric or internal comustion engine or similar
means, that ma" e used for, ut is not limited to, the felling of trees or the
cutting of timer.&37
2ll persons who own or are otherwise in possession of chain saws must
register the same with the (E)-, through an" of its /ommunit" Environment
and )atural -esources 1ffice >/E)-1$, which shall issue the corresponding
registration certificate or permit.&3,
!he law punishes the acts of#
1$ 6elling, purchasing, re-selling, transferring, distriuting or
possessing a chain saw without a proper permit from the (E)-%
&$ =nlawful importation or manufacturing of chain saw without
authorization from the (E)-%
'$ !ampering of engine serial numer% and
7$ 2ctual unlawful use of chain saw.&33
.or acts committed under 6ection * >1$ and >7$ of the /hain 6aw 2ct, the
penalt" includes confiscation of the chain saw.&3*
&3' ,omongan v. $mipon, supra note &'&.
&37 -ep. 2ct )o. 01*,, ?/hain 6aw 2ct of &++&K, 6ec. ' >a$.
&3, d.! 6ec. 3.
&33 d.! 6ec. *.
&3* d.! 6ec. * >1$ and >7$.
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8n the Province of Palawan, the /hain 6aw 2ct is implemented " the
Palawan /ouncil for 6ustainale (evelopment, including the registration and
issuance of permits for chain saws.&34
/hain saws which are not registered are considered unlawfull" sold,
purchased, transferred, distriuted, disposed or possessed. !he /E)-1,
office where such chain saws are supposed to e registered, shall file the
necessar" complaint for the conduct of preliminar" investigation and filing of
the information in court.&30
/hain saws possessed and actuall" used to illegall" cut trees and timer
in forest land or elsewhere, as penalized under 6ec. ** of Pres. (ecree )o.
*+, and those which are displa"ed in open view, shall li@ewise e suject to
judicial confiscation and the user or possessor shall e arrested and the chain
saw seized. !he arresting (E)- officer shall deliver the offender and chain
saw to the official authorized to conduct the preliminar" investigation within
thirt"-six >'3$ hours and file the proper complaint.&*+
/hain saws, whether properl" registered or not, that are used in the illegal
cutting, gathering, collecting, removing or possessing of timer or forest
products, as penalized under 6ec. ** of Pres. (ecree )o. *+,, ma" also e
sujected to administrative confiscation under 6ec. **-2 of Pres. (ecree )o.
*+,.&*1
&34 d.! 6ec. 0.
&30 d.
&*+ d.
&*1 d.
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V. 0IS7ERIES
A. Co'era!e
-ep. 2ct )o. 4,,+, or the Philippine .isheries /ode of 1004, covers all
Philippine waters&*& including other waters over which the Philippines has
sovereignt" and jurisdiction, and the countr"Js &++-nautical mile Exclusive
Economic Mone >EEM$ and continental shelf% all aDuatic and fisher" resources
whether inland, coastal or offshore fishing areas, including ut not limited to
fishponds, fish pensGcages% and all lands devoted to aDuaculture, or
usinesses and activities relating to fisher", whether private or pulic lands.&*'
!he use and exploitation of the fisher" and aDuatic resources in Philippine
waters is reserved exclusivel" to .ilipinos.&*7
$. M%nii+a& Waters Defined
,. Under t#e P#i&i++ine 0is#eries Code Of ,BB=
Municipal waters include not onl" streams, la@es, inland odies of
water and tidal waters within the municipalit" which are not included within
the protected areas as defined under -ep. 2ct )o. *,43 >!he )8P26
<aw$, pulic forest, timer lands, forest reserves or fisher" reserves, ut
also marine waters included etween two >&$ lines drawn perpendicular to
the general coastline from points where the oundar" lines of the
municipalit" touch the sea at low tide and a third line parallel with the
general coastline, including offshore islands and fifteen >1,$ @ilometers
from such coastline. 9here two >&$ municipalities are so situated on
opposite shores that there is less than thirt" >'+$ @ilometers of marine
waters etween them, the third line shall e eDuall" distant from opposite
shore of the respective municipalities.&*,
&*& -ep. 2ct )o. 4,,+, 6ec. 7 >37$# Philippine waters include all odies of water within the
Philippine territor", such as la@es, rivers, streams, cree@s, roo@s, ponds, swamps, lagoons,
gulfs, a"s and seas and other odies of water now existing or which ma" hereafter exist in the
provinces, cities, municipalities, and aranga"s and the waters around, etween and connecting
the islands of the archipelago regardless of their readth and dimensions, the territorial sea, the
sea eds, the insular shelves, and all other waters over which the Philippines has sovereignt"
and jurisdiction, including the &++-nautical miles Exclusive Economic Mone and the continental
shelf.
&*' d.! 6ec. '.
&*7 d.! 6ec. ,.
&*, d.! 6ec. 7.
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-. Under t#e Loa& Go'ern(ent Code
HMunicipal 9atersH includes not onl" streams, la@es, and tidal waters
within the municipalit", not eing the suject of private ownership and not
comprised within the national par@s, pulic forest, timer lands, forest
reserves or fisher" reserves, ut also marine waters included etween two
lines drawn perpendicularl" to the general coastline from points where the
oundar" lines of the municipalit" or cit" touch the sea at low tide and a
third line parallel with the general coastline and fifteen >1,$ @ilometers from
it. 9here two >&$ municipalities are so situated on the opposite shores that
there is less than fifteen >1,$ @ilometers of marine waters etween them,
the third line shall e eDuall" distant from opposite shores of their
respective municipalities.&*3
C. A%t#orit" o'er M%nii+a& Waters
,. M%nii+a& and Cit" Go'ern(ents
Municipal and cit" governments have authorit" over municipal waters.
!he" are responsile for the management, conservation, development,
protection, utilization, and disposition of all fish and fisher"GaDuatic
resources within their respective municipal waters. !he" ma" enact
appropriate fisher" ordinances in accordance with the Philippine .isheries
/ode and other fisher" policies. !he ordinances enacted " the
municipalit" and component cit" are reviewed " the sanggunian of the
province which has jurisdiction over the same pursuant to -ep. 2ct )o.
*13+, or the <ocal Bovernment /ode. !he" enforce all fisher" laws, rules
and regulations, as well as valid fisher" ordinances that the" enact.&**
-. Nat%re of A%t#orit"
Municipal waters are ordinaril" for pulic use, open to navigation and
fishing " the people. /ongress, through the <ocal Bovernment and
.isheries /ode, saw fit to grant the usufruct of said municipal waters for
fisher" purposes, to the towns and cities ordering said waters. 6aid
towns and cities have no vested rights over said marine waters. !he
power of the municipalities and cities to grant fisher" privileges is not
ased on or derived from the inherent right of the municipalit" or cit". 8t is
a grant of usufruct, more or less temporar", over fisher" resources of the
6tate made " its )ational <egislature. /ongress, for reasons it ma" deem
valid or as a matter of pulic polic", ma", at an" time, repeal or modif"
said <ocal Bovernment or .isheries /ode and revo@e this grant to coastal
towns and cities and open these marine waters to the pulic. 1r it ma"
&*3 -ep. 2ct )o. *13+, 6ec. 1'1 >r$.
&** -ep. 2ct )o. 4,,+, 6ec. 13% -ep. 2ct )o. *13+, 6ec. 170.
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grant the usufruct or right of fisher" to the provinces concerned so that
said provinces ma" operate or administer them " leasing them to private
parties. 2s such, the right or usufruct of towns and cities over municipal
waters is not suject to execution in a case to enforce a judgment against
the town. Municipalities and cities do not hold this usufruct or right of
fisher" in a permanent or asolute manner so as to enale them to
dispose of it or to allow it to e ta@en awa" as their propert" through
execution.&*4
.. M%nii+a& 0is#in!
Municipal fishing is fishing within municipal waters using fishing
vessels of three >'$ gross tons or less, or fishing not reDuiring the use of
fishing vessels.&*0
1. Grant of 0is#er" Pri'i&e!es
Municipalities and cities have the exclusive authorit" to grant fisher"
privileges in their municipal waters and impose rentals, fees or charges.&4+
!he" grant fisher" privileges to erect fish corrals, o"sters, mussels or other
aDuatic eds or angus fr" areas, within a definite zone of the municipal
waters, and to gather, ta@e or catch angus fr", prawn fr" or "awag/"awag
or fr" of other species and fish from the municipal waters " nets, traps or
other fishing gears to marginal fishermen free of an" rental, fee, charge or
an" other imposition.&41 !he" also issue licenses for the operation of
fishing vessels of three >'$ tons or less.&4&
2. Re!%&ation of 0is#er" Ati'ities Inidenta& to Po)er to Grant
0is#er" Pri'i&e!es
C" designating the seasons of the "ear when fishing rights might e
exercised and the manner of so doing, that no detriment should there"
result to the development of the fishing industr" and occasion a decrease
in the numer of fish in municipal waters, and " prescriing the form of
the fishing weirs or devices which might e constructed in the respective
seasons, a municipalit" merel" exercises a grant of fisher" privileges "
regulating the same, and does not in an" wa" result to an unconstitutional
prohiition.&4'
&*4 ,unicipalit( of Paoa( v. ,anaois, 43 Phil. 3&0 >10,+$.
&*0 -ep. 2ct )o. 4,,+, 6ec. 7 >,*$.
&4+ -ep. 2ct )o. 6ec. 170 >a$.
&41 d.! 6ec. 170 >$ >1$ and >&$.
&4& d.! 6ec. 170 >$ >'$.
&4' ;S v. 2aring, &4 Phil. 100 >1017$.
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3. M%nii+a&it" or Cit" Not Lia*&e for Ats of LienseeHGrantee
!he mere grant of a fisher" privilege or license, without an" other
affirmative act on the part of the municipalit", does not ma@e the
municipalit" or cit" liale for damages caused to a third person "
wrongful acts committed " the licensee or grantee. !he effect of the
license or grant is simpl" to sa" that so far as the licensor is concerned it
will not interfere with the acts of the licensee.&47
4. Loa& Ordinane $annin! S#i+(ent of Li'e 0is# Not
Unonstit%tiona&
2 local ordinance anning the shipment of live fish from the province to
estalish a ?closed seasonK for the species of fish or aDuatic animals
covered therein and to protect the corals of the marine waters from further
destruction due to illegal fishing activities is not unconstitutional. !he
accomplishment of the first ojective is well within the devolved power to
enforce fisher" laws in municipal waters which allows the estalishment of
?closed seasons.K !he realization of the second ojective falls within oth
the general welfare clause of the <ocal Bovernment /ode and the express
mandate thereunder to cities and provinces to protect the environment
and impose appropriate penalties for acts which endanger the
environment. !he prohiition against catching live fish stems, in part, from
the modern phenomenon of live-fish trade which entails the catching of socalled
exotic tropical species of fish " sDuirting sodium c"anide poison at
passing fish directl" or onto coral crevices. !he nexus etween the
activities arred " the ordinance and the use of sodium c"anide, on the
other, is ovious. !he pulic purpose and reasonaleness of the
ordinance cannot e controverted.&4,
=. C&assifiation of 0ees
!he authorit" of the municipalities or cities to impose a license for
fishing privileges in 6ec. 170 of -ep. 2ct )o. *13+ is a general power that
does not specif" the classification or graduation of such fees. !he
municipalit" or cit", under this general grant of power, ma" classif" and
graduate the license fees for fishing privileges. !he" are not limited to the
imposition of a single license tax, operating on all persons ali@e,
regardless of the apparatus used or the enefits derived from such a
privilege. 2 municipalit" or cit" has the right to classif" and graduate such
fees according to the value of the privilege conferred, so long as such
classification is reasonale and does not contravene an" constitutional
right.&43
&47 Palma v. ,unicipalit( of 0inmale(, * Phil. 1,7 >10+3$.
&4, %ano v. Socrates, B.-. )o. 11+&70, 2ugust &1, 100*, &*4 6/-2 1,7.
&43 ;S v. Sumulong, '+ Phil. '41 >101,$.
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B. La) Enfore(ent
<aw enforcement officers of the <B=s and other government
enforcement agencies, are authorized to enforce fisher" laws, rules and
regulations. 1ther competent government officials and emplo"ees,
punong baranga(s and officers and memers of fisherfol@ associations
who have undergone training on law enforcement ma" also e designated
in writing " the (2 as deput" fish wardens in the enforcement of fisher"
laws, rules and regulations.&4*
D. J%risdition of DA8$0AR
!he (epartment of 2griculture >(2$, through the Cureau of .isheries and
2Duatic -esources >C.2-$, has jurisdiction over all other waters other than
municipal waters or those falling under the jurisdiction of the (epartment of
Environment and )atural -esources >(E)-$ as protected areas under the
)ational 8ntegrated Protected 2reas 6"stem >)8P26$ 2ct, or -ep. 2ct )o.
*,43.
,. Grant of 0is#er" Pri'i&e!es
!he (2 determines rental rates for fishpond areas covered " fishpond
lease agreements and license fees for commercial fishing oat licenses. 8t
also prescries fees and other fisher" charges and issues the
corresponding license or permit for fishing gear, fishing accessories, and
other fisher" activities e"ond municipal waters.&44
!he (2 ma" prescrie limitations or Duota on the total Duantit" of fish
captured, for a specified period of time and specified area. 8n municipal
waters and fisher" management areas, and waters under the jurisdiction
of special agencies, catch ceilings ma" e estalished upon the
concurrence and approval or recommendation of such special agenc" and
the concerned <B=.&40 8t ma" declare a closed season in an" or all
Philippine waters outside the oundar" of municipal waters and in a"s,
for conservation and ecological purposes. /losed seasons in municipal
waters and other waters under the jurisdiction of other agencies ma" e
declared with the concurrence of the <B= or other agenc".&0+
&4* -ep. 2ct )o. 4,,+, 6ec. 1&7.
&44 d., 6ec. 3.
&40 d.! 6ec. 4.
&0+ d.! 6ec. 0.
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-. La) Enfore(ent
!he (2, through the C.2-, has the jurisdiction to enforce all laws and
formulate and enforce all rules and regulations governing the conservation
and management of fisher" resources, except in municipal waters. 8t has
jurisdiction to settle conflicts of resource use and allocation. 8t also issues
licenses for the operation of commercial fishing vessels.&01 !he (2, in
consultation with the <B=s and local .2-M/s, issues .isher"
2dministrative 1rders or regulations for the conservation, preservation,
management, and sustainale development of fisher" and aDuatic
resources.&0&
!he law enforcement officers of the (2, the Philippine )av", Philippine
/oast Buard, Philippine )ational Police >P)P$, and P)P-Maritime
/ommand are authorized to enforce fisher" laws, rules and regulations.&0'
.. A%t#orit" to $oard 0is#in! Vesse&s and E/a(ine Reord $ooDs
8n commercial fishing,&07 the owner, licensee, master, or an" person-incharge
of a fishing vessel @eeps record oo@s on oard the oat reflecting
details of the oat5s fishing activities in the past five "ears. !hese record
oo@s are @ept on oard the fishing vessel to e presented upon demand
" fisher" law enforcers, except when the oat is dr" doc@ed or
undergoing repairs and, therefore, not in operation.&0, !he C.2- (irector
or fisher" law enforcement officers also have the power to oard fishing
vessels, whether licensed or not, for the purpose of inspecting the fish
holds or oxes containing fish or fisher"GaDuatic products and investigating
persons found therein.&03 !he" also have the power to ta@e fish samples in
Duantit" of not more than one >1$ @ilo, or onl" one >1$ fish if it weighs more
than a @ilo, for an on-the-spot or scientific examination to determine
whether the same was caught " means of explosives, or " poisonous or
onoxious sustances.&0*
1. A%t#orit" to P%rs%e and Ins+et 0orei!n Vesse&s for Poa#in!
9hen a foreign fishing vessel is reported " an" person to e
suspected of poaching in Philippine waters, an" of the persons authorized
&01 d.! 6ec. 3,.
&0& d.! 6ec. 1+*.
&0' d.! 6ec. 1&7.
&07 d.! 6ec. 7 >1+$# !he ta@ing of fisher" species " passive or active gear for trade, usiness and
profit e"ond susistence or sports fishing.
&0, .isheries 2dministrative 1rder >.21$ )o. 104, s. &+++, ?-ules and -egulations on
/ommercial .ishingK, 6ec. && and &7.
&03 d.! 6ec. &3.
&0* d.! 6ec. &*.
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to enforce fisher" laws shall immediatel" ta@e action to pursue and
conduct an inspection of the foreign fishing vessel to determine whether it
is in fact engaged in poaching.&04
E. I&&e!a& Ati'ities
-ep. 2ct )o. 4,,+ penalizes the following acts&00#
1$ =nauthorized .ishing or Engaging in 1ther =nauthorized .isheries
2ctivities%
&$ Poaching in Philippine 9aters'++%
'$ .ishing !hrough Explosives, )oxious or Poisonous 6ustance, andGor
Electricit"%
7$ Possession of explosive, noxious or poisonous sustances or electrofishing
devices%
,$ Possessing, dealing in, selling or disposing fish illegall" caught, ta@en
or gathered%
3$ =se of .ine Mesh )et'+1%
*$ =se of 2ctive Bear'+& in the Municipal 9aters and Ca"s and 1ther
.isher" Management 2reas%
4$ /oral Exploitation and Exportation%
0$ =se of Muro-2mi'+' and 1ther Methods and Bear (estructive to /oral
-eefs and 1ther Marine :aitat%
1+$ Bathering, 6elling or Exporting 6and, 6ilica, Peles%
11$ 8llegal =se of 6uperlights'+7 in Municipal 9aters or in ;iolation of (2
-ules%
1&$ /onversion of Mangroves%
&04 .isher" 2dministrative 1rder >.21$ )o. &++, s. &+++ FBuidelines and Procedures in
8mplementing 6ection 4* of the Philippine .isheries /ode of 1004K.
&00 d.! 6ecs. 43-1+3.
'++ .ishing or operating an" fishing vessel in Philippine waters, committed " an" foreign person,
corporation, or entit". !his does not include foreigners engaged in leisure or game fishing as ma"
e defined " the (epartment pursuant to 6ection 43.1 of (21 )o. ', 6eries of 1004. .isher"
2dministrative 1rder >.21$ )o. &++, s. &+++ FBuidelines and Procedures in 8mplementing 6ec.
4* of the Philippine .isheries /ode of 1004K.
'+1 -ep. 2ct )o. 4,,+, 6ec. 7 >&1$# )et with mesh size of less than three centimeters >' cm.$
measured etween two >&$ opposite @nots of a full mesh when stretched or as otherwise
determined " the appropriate government agenc".
'+& d., 6ec. 7 >7+$ >a$# .ishing device characterized " gear movements, andGor the pursuit of the
target species " towing, lifting, and pushing the gears, surrounding, covering, dredging,
pumping, and scaring the target species to impoundments% such as, ut not limited to, trawl,
purse seines, (anish seines, ag nets, paaling, drift gill net, and tuna longline.
'+' d., 6ec. 0&# Bear and methods that reDuire diving, other ph"sical or mechanical acts to pound
the coral reefs and other haitat to entrap, gather or catch fish and other fisher" species.
'+7 d., 6ec. 7 >*1$# 2lso called magic light, is a t"pe of light using halogen or metal halide ul
which ma" e located aove the sea surface or sumerged in the water. 8t consists of a allast,
regulator, electric cale, and soc@et. !he source of energ" comes from a generator, atter" or
d"namo coupled with the main engine.
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1'$ .ishing in 1verfished 2rea and (uring /losed 6eason'+,%
17$ .ishing in .isher" -eserves, -efuge and 6anctuaries%
1,$ .ishing 1r !a@ing of -are, !hreatened or Endangered 6pecies%
13$ /apture of 6aalo'+3 and 1ther CreedersG6pawners%
1*$ Exportation of Creeders, 6pawners, Eggs or .r"%
14$ 8mportation or Exportation of .ish or .isher" 6pecies%
10$ ;iolation of /atch /eilings'+*%
&+$ 2Duatic Pollution'+4%
&1$ /onstruction and 1peration of .ish /orralsG!raps'+0, .ish Pens,'1+
and .ish /ages'11 without a licenseGpermit%
&&$ 1struction of (efined Migration Paths%
&'$ 1struction to .isher" <aw Enforcement 1fficer.
)o person is allowed to engage in an" fisher" activit" in Philippine waters
without a license, lease or permit, except for fishing for dail" food sustenance
or for leisure and not for commercial, occupation or livelihood purposes.
Persons engaging in commercial fishing in municipal waters must e
registered in the registr" of municipal fisherfol@.'1&
!he use of sustances to eradicate predators in fishponds in accordance
with accepted scientific practices is not considered fishing through noxious
and poisonous sustances.'1'
'+, d., 6ec. 7 >4$# !he period during which the ta@ing of specified fisher" species " a specified
fishing gear is prohiited in a specified area or areas in Philippine waters.
'+3 d., 6ec. 04# Mature mil@fish.
'+* d., 6ec. 7 >*$# 2nnual catch limits allowed to e ta@en, gathered or harvested from an" fishing
area in consideration of the need to prevent overfishing and harmful depletion of reeding stoc@s
of aDuatic organisms.
'+4 d., 6ec. 7 >7$# !he introduction " human or machine, directl" or indirectl", of sustances or
energ" to the aDuatic environment which result or is li@el" to result in such deleterious effects as
to harm living and non-living aDuatic resources, pose potential andGor real hazard to human
health, hindrance to aDuatic activities such as fishing and navigation, including dumpingGdisposal
of waste and other marine litters, discharge of petroleum or residual products of petroleum or
caronaceous materialsGsustances, and other, radioactive, noxious or harmful liDuid, gaseous or
solid sustances, from an" water, land or air transport or other human-made structure.
(eforestation, unsound agricultural practices, such as the use of anned chemicals and
excessive use of chemicals, intensive use of artificial fish feed, and wetland conversion, which
cause similar hazards and deleterious effects, shall also constitute aDuatic pollution.
'+0 d., 6ec. 7 >&7$# 2 stationar" weir or trap devised to intercept and capture fish consisting of
rows of amoo sta@es, plastic nets, and other materials fenced with split lood mattings or wire
mattings with one or more enclosures, usuall" with eas" entrance ut difficult exit, and with or
without leaders to direct the fish to the catching chamers, purse or ags.
'1+ d., 6ec. 7 >&*$# 2n artificial enclosure constructed within a od" of water for culturing fish and
fisher"GaDuatic resources made up of poles closel" arranged in an enclosure with wooden
materials, screen or n"lon netting to prevent escape of fish.
'11 d., 6ec. 7 >&'$# 2n enclosure which is either stationar" 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 " woodenGamoo posts or various t"pes of anchors and floats.
'1& d., 6ec. 43.
'1' d.! 6ec. 44 >1$.
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!he prohiition on the use of fine mesh net shall not appl" to the gathering
of fr", glass eels, elvers, taios, and alamang and such species which " their
nature are small ut alread" mature to e identified.'17
0. Pres%(+tions
,. Presene of 0is#in! Vesse& )it#o%t Per(it
(iscover" of an" person in an area where he has no permit or
registration papers for a fishing vessel constitutes the presumption that the
person andGor vessel is engaged in unauthorized fishing.'1,
-. Entr" of 0orei!n 0is#in! Vesse&
!he entr" of an" foreign fishing vessel in Philippine waters constitutes
prima facie evidence that the vessel is engaged in fishing in Philippine
waters'13 under the following circumstances#
>a$ Entr" of a foreign fishing vessel into Philippine waters under the following
circumstances#
>i$ )avigating with its fishing gear deplo"ed andGor not stowed%
>ii$ )avigating with an irregular trac@ or route%
>iii$ )avigating through Philippine territorial waters without prior notice to,
clearance of, or permission from the appropriate Philippine authorit"%
>iv$ )avigating in a manner that does not Dualif" as innocent passage nor
navigating outside traditional routes or in identified fishing grounds%
>v$ )avigating without fl"ing its national flag.
>$ 9hen a foreign fishing vessel is found within Philippine waters#
>i$ =nder the circumstances enumerated in the previous paragraph%
>ii$ <"ing-to or anchoring without an" valid reasons or circumstances that
ma" indicate the existence of force majeure, distress, or for the purpose
of rendering assistance to persons, ships or an" sea craft that is
endangered or in distress%
>iii$ <"ing-to, anchoring at, or anchoring near to or within @nown fishing
grounds or marine protected areas.
'17 d.! 6ec. 40.
'1, d.! 6ec. 43.
'13 d.! 6ec. 4*.
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>c$ 9hen a foreign fishing vessel, after having een inspected within Philippine
waters, in accordance with the procedures set forth in .isher" 2dministrative
1rder &++, s. &+++ >Buidelines and Procedures in 8mplementing 6ection 4*
of the Philippine .isheries /ode of 1004$, is found to contain freshl" caught
fish on dec@ or in storage, corals, mollus@s.'1*
.. Presene of E/+&osi'es: Poisono%s S%*stanes: E&etro80is#in!
De'ies and 0is# Ca%!#t )it# t#eir Use
!he discover" of d"namite, other explosives and chemical compounds
which contain comustile elements, or noxious or poisonous sustances,
or eDuipment or device for electro-fishing in an" fishing vessel or in the
possession of an" fisherfol@, operator, fishing oat official or fishwor@er
constitutes prima facie evidence that the same was used for illegal fishing.
!he discover" in an" fishing vessel of fish caught or @illed with the use of
explosive, noxious or poisonous sustances or " electricit" li@ewise
constitutes prima facie evidence that the fisherfol@, operator, oat official
or fishwor@er is fishing with the use thereof.'14
!he law creates a presumption that illegal fishing has een committed
when# >a$ explosives, onoxious or poisonous sustances or eDuipment or
device for electric fishing are found in a fishing oat or in the possession
of a fisherman% or >$ when fish caught or @illed with the use of explosives,
onoxious or poisonous sustances or " electricit" are found in a fishing
oat. =nder these instances, the oat owner, operator or fishermen are
presumed to have engaged in illegal fishing.'10
1. Pres%(+tions Not Unonstit%tiona&
!hese legal presumptions are not constitutionall" impermissile. !he
law ma@es the discover" of onoxious or poisonous sustances,
explosives, or devices for electric fishing, or of fish caught or @illed with the
use of onoxious and poisonous sustances, explosives or electricit" in
an" fishing oat or in the possession of a fisherman evidence that the
owner and operator of the fishing oat or the fisherman had used such
sustances in catching fish. !he ultimate fact presumed is that the owner
and operator of the oat or the fisherman were engaged in illegal fishing
and this presumption was made to arise from the discover" of the
sustances and the contaminated fish in the possession of the fisherman
in the fishing oat. !he fact presumed is a natural inference from the fact
proved. 2t the same time, the statutor" presumption is merel" prima facie.
8t does not preclude the accused from presenting his defense to reut the
main fact presumed.'&+
'1* .isher" 2dministrative 1rder >.21$ )o. &++, s. &+++ FBuidelines and Procedures in
8mplementing 6ection 4* of the Philippine .isheries /ode of 1004K.
'14 -ep. 2ct )o. 4,,+, 6ec. 44 >1$.
'10 +izon v. Court of 'ppeals, B.-. )o. 110310, (ecemer 1', 1003, &3, 6/-2 ,1*.
'&+ d.
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2. Pres%(+tions an *e Re*%tted *" Contraditor" E'idene
:owever, despite these legal presumptions, where the facts show
contradictor" laorator" findings in two separate tests of two different sets
of fish samples ta@en from the same oat, one test on one set showing
positive results and the other test on the other set showing negative
results, and this contradiction is not explained " the prosecution, the
presumption is reutted, speciall" when the integrit" of the specimens
showing positive results has not een properl" safeguarded and nothing of
the poisonous sustance was found in the oat upon apprehension.'&1
G. Confisation and 0orfeit%re
Poaching entails confiscation of the catch, fishing eDuipment and fishing
vessel.'&&
8n fishing with explosives, noxious and poisonous sustances, and electrofishing,
the explosives, noxious or poisonous sustances andGor electrical
devices, as well as the fishing vessels, fishing eDuipment and catch, shall e
forfeited.'&' 8n fishing with active gear in municipal waters, a"s and fisher"
management areas, the catch shall e confiscated and forfeited.'&7 8n fishing
with superlights, the superlight, fishing gears and vessel shall e
confiscated.'&,
8n coral exploitation and exportation, the collected corals and the vessel
used are forfeited.'&3 8n muro-ami, the catch and gear used is confiscated. 8n
the gathering of sand, silica and peles, the sustance ta@en shall e
confiscated.'&*
8n the conversion of mangroves, if the area reDuires rehailitation or
restoration as determined " the court, the offender shall also e reDuired to
restore or compensate for the restoration of the damage.'&4
.ishing in overfished areas or during closed season or in fisher" reserves,
refuge, and sanctuaries, or the ta@ing of rare, threatened, and endangered
species entail forfeiture of the catch.'&0 .ishing in violation of catch ceilings
entails forfeiture of the catch and fishing eDuipment used.''+
'&1 d.
'&& -ep. 2ct )o. 4,,+, 6ec. 4*.
'&' d.! 6ec. 44 >,$.
'&7 d.! 6ec. 0+.
'&, d.! 6ec. 0'.
'&3 d.! 6ec. 01.
'&* d.! 6ec. 0&.
'&4 d.! 6ec. 07.
'&0 d.! 6ec. 0,, 03, and 0*.
''+ d.! 6ec. 1+1.
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!he capture and export of saalo and other reeders or spawners entail
forfeiture of the catch and fishing eDuipment.''1
8n general, ever" penalt" 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. 6uch proceeds and
instruments or tools are confiscated and forfeited in favor of the Bovernment,
unless the" e the propert" of a third person not liale for the offense, ut
those articles which are not the suject of lawful commerce shall e
destro"ed.''&
7. Sei5%re of Vesse&s and E>%i+(ent
,. F0is#in! Vesse&G Defined
.or purposes of search and seizure, a fishing vessel is an" oat, ship
or other watercraft eDuipped to e used for ta@ing of fisher" species or
aiding or assisting one or more vessels in the performance of an" activit"
relating to fishing, including, ut not limited to, preservation, suppl",
storage, refrigeration, transportation, andGor processing.''' .ishing vessels
also fall under the term fishing eDuipment ecause a fishing eDuipment is
never complete and cannot e effectivel" used in off-shore or deep-sea
fishing without the fishing oat or fishing vessel itself. )o useful purpose
can e served in tr"ing to distinguish etween oat and vessel. !he
accepted definition of vessel includes Hever" description of water craft,
large or small, used or capale of eing used as a means of transportation
on waterH and the word oat in its ordinar" sense, means an" water
craft.''7
-. Warrant&ess Sear# and Sei5%re of 0is#in! Vesse&s
6earch and seizure without a search warrant of vessels and aircrafts
for violations of customs laws have een the traditional exception to the
constitutional reDuirement of a search warrant. 8t is rooted on the
recognition that a vessel and an aircraft, li@e motor vehicles, can e
Duic@l" moved out of the localit" or jurisdiction in which the search warrant
must e sought and secured. Nielding to this realit", judicial authorities
have not reDuired a search warrant of vessels and aircrafts efore their
search and seizure can e constitutionall" effected. !he same exception
applies to seizures of fishing vessels and oats reaching fisher" laws. 2s
such, the fish and other evidence seized in the course of a warrantless
search are properl" admitted " the trial court.'',
''1 d.! 6ec. 04 and 00.
''& d.! 6ec. 1+'.
''' d.! 6ec. 7 >71$.
''7 Roldan v. 'rca, B.-. )o. &,7'7, Iul" &,, 10*,, 3, 6/-2 ''3.
'', +izon v. Court of 'ppeals, supra note '105 Roldan v. 'rca, supra note ''7.
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.. Warrant&ess Sear# and Sei5%re Inidenta& to a La)f%& Arrest Va&id
9here the memers of the crew of fishing vessels are caught in
flagrante illegall" fishing with d"namite and without the reDuisite license,
their apprehension without a warrant of arrest while committing a crime is
lawful. /onseDuentl", the search and seizure of the vessel, its eDuipment
and explosives, noxious or poisonous sustances, and electro-fishing
devices found therein is eDuall" valid as an incident to a lawful arrest.''3
)otice of seizure of the fishing vessel is also not reDuired for the legalit" of
said seizure.''*
1. Co%rt Cannot Order Re&ease of 0is#in! Vesse& in Custodia Legis of
Co8E>%a& Co%rt
2 court of concurrent and eDual jurisdiction cannot order the release of
fishing vessels alread" in custodia legis of the court exercising territorial
jurisdiction for trial of the criminal case. !he -egional !rial /ourt of Manila
cannot legall" issue a writ of preliminar" mandator" injunction for the
release of fishing vessels against the -egional !rial /ourt of Palawan
which ordered the seizure of the same fishing vessels for illegal fishing
committed in the waters off Palawan. 8t is immaterial if the vessels were
@ept " the )av" in the Philippine )av" asin in Manila as this in no wa"
impugns the jurisdiction alread" vested in the Palawan court, which has
custod" thereof through the Philippine )av". 8n an analogous case, where
the illegal fishing was committed in the town where the court sits, the fact
that the fishing vessels and eDuipment were confiscated in another town
does not affect the jurisdiction of said court.''4
2. Co%rt Cannot Order Re&ease of Sei5ed 0is#in! Para+#erna&ia %+on
t#e J%stifiation t#at Confisation fo&&o)s on&" after Con'ition and
t#at t#e Witnesses are S%ffiient for Con'ition e'en )it#o%t t#e
Sei5ed E'idene
!he court cannot order the release of seized fishing paraphernalia
ased on the justification that the same can onl" e ordered confiscated
upon conviction " final judgment and that the prosecution still could prove
the guilt of the accused e"ond reasonale dout even without the seized
items eing presented since it has sufficient witnesses for the purpose.''0
!he outcome of the criminal action will dictate the disposition of the seized
propert". 8f found to e contraand, i.e., articles the possession of which
constitutes a crime and the repossession of which would suject
defendant to criminal penalties and frustrate the express polic" against the
possession of such ojects, the" will not e returned, ut shall e
''3 Roldan v. 'rca, supra note ''7% Senson v. Pangilinan, 2.M. )o. M!I-+&-17'+, 6eptemer 4,
&++', 71+ 6/-2 '07.
''* Roldan v. 'rca, supra note ''7.
''4 d.
''0 Senson v. Pangilinan, supra note ''3.
E);8-1)ME)!2< <29 2)( P-1/E(=-2< -=<E6
K-4'
confiscated in favor of the 6tate or destro"ed, as the case ma" e. 8f not
contraand, the propert" shall e returned without undue dela" to the
person who appears from the evidence to e the owner or rightful
possessor.'7+
3. Sei5ed 0is#in! Ite(s Not Eet Offered in E'idene Re(ain %nder
C%stod" and Res+onsi*i&it" of t#e Prose%tion
2ll criminal actions commenced " complaint or information are
prosecuted under the direction and control of the prosecutor. 6eized
fishing paraphernalia and items not "et offered in evidence remain in the
legal custod" and under the responsiilit" of the prosecution, not the
court.'71
I. Sei5%re of 0is# Cat#
,. Warrant&ess Sei5%re of Para+#erna&ia Mere Possession of )#i# is
I&&e!a&
("namited or poisoned fish is suject to seizure without warrant in
accordance with the rule that the suject of an offense and the proceeds
thereof are proper ojects of seizure, particularl" when the mere
possession of the ojects seized constitutes a crime. !he holder of said
ojects is then committing a crime in the presence of the officer effecting
the seizure, and the same is valid, despite the asence of a search
warrant.'7&
-. Disso&%tion of Sei5%re Warrant *" t#e Co%rt
!he court where the criminal case for illegal possession of d"namited
or poisoned fish is eventuall" filed cannot legall" dissolve the seizure
warrant of the fisher" officer on the ground that what should have een
ta@en was onl" a sample. 9hile the .isher" 2dministrative 1rder'7' states
that onl" a sample must e ta@en, this is onl" for purposes of determining
if the fish was caught illegall". 1nce it is alread" determined, the entire
catch must e seized.'77 /onversel", seizure of the entire catch, instead of
a mere sample, even efore the determination that the fish was indeed
caught " means of explosives or noxious and poisonous sustances is
illegal and the court ma" properl" dissolve the seizure.'7,
'7+ 6lasons Enterprises Corporation v. Court of 'ppeals, B.-. )o. 31344, 1ctoer &4, 104*, 1,,
6/-2 143.
'71 Senson v. Pangilinan, supra note ''3.
'7& RP v. Cansino, B.-. )o. 1*0&', Ma" &3, 103&, , 6/-2 1+'.
'7' .isher" 2dministrative 1rder >.21$ )o. &+3, 6eries of &++1, on F(isposal of /onfiscated .ish
and 1ther 8tems in .ishing !hrough Explosives and )oxious or Poisonous 6ustancesK.
'77 RP v. Cansino, supra note '7&.
'7, ,anlavi v. 2acott, 2.M. )o. -!I-0,-1&0', Ma" 0, 100,, &77 6/-2 ,+.
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K-47
J. Prose%tion
,. 0is#in! )it# E/+&osi'es and Possession of E/+&osi'es Se+arate
and Distint Offenses
.ishing with the use of explosives and possession of explosives
without license are two distinct offenses penalized " different statutes. 2
person fishing with the use of explosives ma" e guilt" of illegal fishing,
without eing guilt" of illegal possession of explosives, if he has a permit
for possession. :ence, prosecution for the first offense does not ar
prosecution for the second offense.'73
-. Infor(ation )#i# does not state E/+&osi'es )as for 0is#in! not
0ata&
.ailure to allege in the information that the use of explosives was for
the purpose of fishing is not fatal to the efficac" of the charge for illegal
fishing resulting into a sustantial defect in the information. !he
information alleging that the accused willfull", unlawfull" and feloniousl"
exploded one stic@ of d"namite, which explosion resulted in disaling,
stupef"ing and @illing a certain @ind of fish, comes under the offense of
illegal fishing with explosives, although the information fails to state that
the act was for the purpose of fishing. !he intent ma" e rightl" presumed
from the result of the act. Moreover, where the information is entitled
H8llegal .ishing with Explosive,H there could e no dout to the accused
that the charge is for exploding d"namite for purposes of fishing
illegall".'7*
.. 0ai&%re to State F0or ProfitG in Infor(ation 0ata&
.ailure to allege in the information that the accused was possessing,
dealing in, selling, or in an" manner disposing of illegall" caught or
gathered fisher" species ?for profitK is fatal to the sufficienc" of the
information. !he law >6ec. 44 E7F of -ep. 2ct )o. 44,+$ prohiits the
separate acts of possessing, dealing in, selling or disposing of illegall"
caught fish and aDuatic products, ut said acts must not onl" e done
H@nowingl"H ut also Hfor profit,H an essential element of the offense.'74
1. M%nii+a& 0is# Wardens as Pri'ate Offended Part"
.or purpose of arraignment, which reDuires the presence of the private
offended part", the deputized municipal fish wardens should e notified
and e present to represent the 6tate as the offended part".'70
'73 People of the Philippines v. 'nito, 0, Phil. 43, >10,7$.
'7* People of the Philippines v. Cubelo, B.-. )o. 1'3*4, )ovemer &+, 10,0, 1+3 Phil. 703.
'74 ,anlavi v. 2acott, supra note '7,.
'70 Sangguniang 0a(an of 2uindulman! 0ohol v. )e Castro, 2M )o. M!I-+'-174*, (ecemer 1,
&++', 71* 6/-2 1.
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2. I!norane of Poisono%s Nat%re of S%*stane not a Va&id Defense
!he defense of the accused that he was not aware that the sustance
used in catching fish was poison is not a sufficient defense for his
discharge as a state witness in the illegal fishing trial, especiall" if it is
admitted that he himself too@ his share of the fish caught through the
poisonous sustance he was as@ed to pour into the water.',+
3. I(+osition of Mere 0ine on $oat Ca+tain Constit%tes Gross
I!norane of t#e La)
6ection 0+ of -ep. 2ct )o. 4,,+ enumerates the penalties that should
e imposed on violators thereof. 8t specificall" imposes a penalt" of
imprisonment from two "ears to six "ears on the oat captain and master
fisherman of the vessel, a fine ranging from P&,+++.++ to P&+,+++.++ on
the oat ownerGoperator, and confiscation and forfeiture of the catch. !he
trial court ma" onl" exercise its discretion as to the amount of fine to e
meted out on the oat owner, ut it is not within the discretion of the court
whether or not to impose the penalt" of imprisonment on oat captain.
=pon a finding of guilt, it is mandator" for the court to impose the penalt"
of imprisonment on the accused oat captain. 8mposing onl" a fine for
oth the oat owner and oat captain constitutes gross ignorance of the
law.',1
4. Con'ition *" 0ina& J%d!(ent in&%des Re(o'a& of I&&e!a& 0is#in!
Str%t%re
9here the accused was convicted " final judgment for violation of a
municipal ordinance relative to fish traps, in that he uilt one without the
consent of the fish-warden and outside of the place specified in the permit
issued to him, a separate action is not needed for the removal of the illegal
fishing structure, even if said removal was not specificall" provided for in
the judgment of the court. 1therwise, the offender will e allowed to
continue violating the law after pa"ing the fine and serving his sentence
resulting into an asurdit" that administrative officials lac@ all executive
powers of enforcing the law which the offender was alread" found guilt" of
violating.',&
',+ )e Castro v. Castaneda, B.-. )o. 1,1'0, 2pril &4, 1031, 1 6/-2 11'1.
',1 Sangguniang 0a(an of 2uindulman! 0ohol v. )e Castro, supra note '70.
',& 0autista v. 'ngeles, '7 Phil. ,4+ >1013$.
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K-43
VI. MINING
A. Co'era!e
2ll mineral resources in pulic and private lands within the territor" and
exclusive economic zone of the -ep. of the Philippines are owned " the
6tate.',' !he exploration, development, utilization, and processing thereof
shall e under its full control and supervision. !he 6tate ma" directl"
underta@e such activities or it ma" enter into mineral agreements with
contractors.',7
,. Areas O+en to Minin!
Mining is allowed in#
1$ Mineral reservations',,%
&$ 2ncestral lands, with the consent of the concerned indigenous
people',3%
'$ Pulic or private lands, including timer or forest lands',*%
7$ Militar" and other government reservations, with written clearance
of the concerned government agenc"',4% and
,$ )ear or under pulic or private uildings, cemeteries, archeological
and historic sites, ridges, highwa"s, waterwa"s, railroads,
reservoirs, dams, or other infrastructure projects, pulic or private
wor@s including plantations or valuale crops, upon written consent
of the government agenc" or private entit" concerned.',0
-. Areas C&osed to Minin!
Mining is prohiited in#
1$ 2reas expressl" prohiited " law'3+% and
&$ 1ld growth or virgin forests, proclaimed watershed forest reserves,
wilderness areas, mangrove forests, moss" forests, national par@s,
provincialGmunicipal forests, par@s, greenelts, game refuge and
ird sanctuaries as defined " law and in areas expressl"
prohiited under the )ational 8ntegrated Protected 2reas 6"stem
>)8P26$ under -ep. 2ct )o. *,43, (E)- (epartment
2dministrative 1rder )o. &,, series of 100& and other laws.'31
',' -ep. 2ct )o. *07&, 6ec. &.
',7 d.! 6ec. 7.
',, d.! 6ec. ,.
',3 d.! 6ec. 13.
',* d.! 6ec. 14.
',4 d.! 6ec. 10 >a$.
',0 d.! 6ec. 10 >$.
'3+ d.! 6ec. 10 >d$.
'31 d.! 6ec. 10 >f$% -ep. 2ct )o. *,43, 6ec. &+ >f$# ?Except as ma" e allowed " the nature of
their categories and pursuant to rules and regulations governing the same.K
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K-4*
.. Minin! in Go'ern(ent Reser'ations: 0orest Reser'es: 0orest
Lands: Proteted Areas
6ec. 1,>$ of (E)- (epartment 2dministrative 1rder >(21$ 03-7+
provides that government reservations ma" e opened for mining
applications upon prior written clearance " the government agenc"
having jurisdiction over such reservation. 6ec. 3 of -ep. 2ct )o. *07& also
provides that mining operations in reserved lands other than mineral
reservations ma" e underta@en " the (E)-, suject to certain
limitations. -ep. 2ct )o. *07& does not disallow mining applications in all
forest reserves ut onl" those proclaimed as watershed forest reserves.
6ec. 14 of -ep. 2ct )o. *07& allows mining even in timerland or forest
lands suject to existing rights and reservations. 6ec. 7* of Pres. (ecree
)o. *+, permits mining operations in forest lands which include the pulic
forest, the permanent forest or forest reserves, and forest reservations.
6ignificantl", 6ec. 7*, Pres. (ecree )o. *+, does not reDuire that the
consent of existing forest licensees e otained ut that the" e notified
efore mining activities ma" e commenced inside forest concessions.
(E)- Memorandum 1rder )o. +'-04, which provides the guidelines in
the issuance of area status and clearance or consent for mining
applications pursuant to -ep. 2ct )o. *07&, provides that timer or forest
lands, militar" and other government reservations, forest reservations,
forest reserves other than critical watershed forest reserves, and existing
(E)- Project 2reas within timer or forest lands, reservations and
reserves, among others, are open to mining applications suject to area
status and clearance. .inall", with regard to the application of the
prohiition on mineral location in protected areas under the )8P26 <aw, or
-ep. 2ct )o. *,43, it is onl" when the area has een so designated that
6ec. &+ of -ep. 2ct )o. *,43, which prohiits mineral locating within
protected areas, ecomes operational.'3&
$. A%t#orit" of t#e DENR
,. DENR Seretar"
!he (E)- is the primar" government agenc" responsile for the
conservation, management, development, and proper use of the 6tateJs
mineral resources, including those in reservations, watershed areas, and
lands of the pulic domain. !he 6ecretar" of the (E)- has the authorit"
to enter into mineral agreements on ehalf of the Bovernment upon the
recommendation of the (irector of the Mines and Beo-6ciences Cureau
>MBC$, and promulgate such rules and regulations as ma" e necessar"
to implement the provisions of the Philippine Mining 2ct of 100,, or -ep.
2ct )o. *07&.'3'
'3& PC$P Resources v. 0ase ,etals ,ineral Resources, B.-. )o. 13',+0, (ecemer 3, &++3,
,1+ 6/-2 7++.
'3' -ep. 2ct )o. *07&, 6ec. 4.
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K-44
-. MG$ Diretor
!he Mines and Beo-6ciences Cureau >MBC$ shall have direct charge
in the administration and disposition of mineral lands and mineral
resources. !he MBC (irector recommends to the (E)- 6ecretar" the
granting of mineral agreements to dul" Dualified persons and monitors the
compliance " the contractor of the terms and conditions of the mineral
agreements.'37
.. De+%ti5ation to Po&ie Minin! Ati'ities
!he MBC (irector ma" deputize, when necessar", an" memer or unit
of the Philippine )ational Police, aranga", dul" registered nongovernmental
organization >)B1$ or an" Dualified person to police all
mining activities.'3,
1. Po)er and D%ties of Mines Re!iona& Diretor
!he mines regional director ma", in consultation with the
Environmental Management Cureau, reDuire the contractor to remed" an"
practice connected with mining or Duarr"ing operations which is not in
accordance with safet" and anti-pollution laws and regulations. 8n case of
imminent danger to life or propert", the mines regional director ma"
summaril" suspend the mining or Duarr"ing operations until the danger is
removed, or appropriate measures are ta@en " the contractor or
permittee.'33
!he regional director shall have exclusive jurisdiction over the safet"
inspection of all installations, surface or underground, in mining operations
at reasonale hours of the da" or night in a manner that will not impede or
ostruct wor@ in progress of a contractor or permittee.'3*
2. Ro&e of Mines Re!iona& Diretor in Mine Po&&%tion
9hen it comes to mine pollution, the authorit" of the mines regional
director is complementar" to that of the Pollution 2djudication Coard. 6ec.
33 of -ep. 2ct )o. *07& gives the mines regional director exclusive
jurisdiction over the safet" inspection of all installations, surface or
underground in mining operations. 6ec. 3* thereof vests upon the
regional director power to issue orders reDuiring a contractor to remed"
an" practice connected with mining or Duarr"ing operations which is not in
accordance with safet" and anti-pollution laws and regulations and to
'37 d.! 6ec. 0.
'3, d.! 6ec. 0.
'33 d.! 6ec. 3*.
'3* d.! 6ec. 33.
E);8-1)ME)!2< <29 2)( P-1/E(=-2< -=<E6
K-40
summaril" suspend mining or Duarr"ing operations in case of imminent
danger to life or propert". !he law li@ewise reDuires ever" contractor to
underta@e an environmental protection and enhancement program, which
shall e incorporated in the wor@ program which the contractor shall
sumit as an accompan"ing document to the application for a mineral
agreement or permit. 8n addition, an environmental clearance certificate is
reDuired ased on an environment impact assessment. !he law also
reDuires contractors and permittees to rehailitate the mined-out areas,
and set up a mine rehailitation fund. 6ignificantl", the law allows and
encourages people5s organizations and non-governmental organizations
to participate in ensuring that contractorsGpermittees shall oserve all the
reDuirements of environmental protection.'34
3. Po&&%tion AdA%diation $oard ?PA$@ Retains A%t#orit" o'er Mine
Po&&%tion6 Mines Re!iona& Diretor #as no AdA%diati'e Po)ers o'er
Po&&%tion Co(+&aints
!he power of the mines regional director does not foreclose P2C5s
authorit" to determine and act on complaints filed efore it. !he power
granted to the mines regional director to issue orders reDuiring the
contractor to remed" an" practice connected with mining or Duarr"ing
operations or to summaril" suspend the same in cases of violation of
pollution laws is for purposes of effectivel" regulating and monitoring
activities within mining operations and installations pursuant to the
environmental protection and enhancement program underta@en "
contractors and permittees in procuring their mining permit. 9hile the
mines regional director has express administrative and regulator" powers
over mining operations and installations, it has no adjudicative powers
over complaints for violation of pollution control statutes and
regulations.'30
C. DENR8POA8MA$ J%risdition o'er Minin! Dis+%tes and Iss%es
,. Pane& of Ar*itrators and Mines AdA%diation $oard
!he Panel of 2ritrators >P12$ in the regional offices of the (E)- has
exclusive and original jurisdiction to hear and decide on the following#
1$ (isputes involving rights to mining areas%
&$ (isputes involving mineral agreements or permits%
'$ (isputes involving surface owners, occupants and claimholders G
concessionaires% and
'34 Republic of the Philippines v. ,arcopper ,ining Corporation, B.-. )o. 1'*1*7, Iul" 1+, &+++,
'', 6/-2 '43.
'30 d.
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K-0+
7$ (isputes pending efore the Cureau and the (epartment at the
date of the effectivit" of -ep. 2ct )o. *07&.'*+
!he decision or order of the panel of aritrators is appealale to the
Mines 2djudication Coard >M2C$.'*1
!he Mines 2djudication Coard >M2C$ is composed of the (E)-
6ecretar", the MBC (irector and the (E)- =ndersecretar" for
1perations. !he rules of evidence prevailing in courts of law or eDuit" are
not controlling in the proceedings of the Coard. !he findings of fact of the
Coard are conclusive and inding and its decisions or orders are final and
executor".'*&
-. POA8MA$ and DENR Seretar" J%risdition Distin!%is#ed
!he power of the P12 to resolve an" adverse claim, opposition, or
protest relative to mining rights under 6ec. **>a$ of -ep. 2ct )o. *07& is
confined onl" to adverse claims, conflicts and oppositions relating to
applications for the grant of mineral rights. P125s jurisdiction is confined
onl" to resolutions of such adverse claims, conflicts and oppositions and it
has no authorit" to approve or reject said applications. 6uch power is
vested in the (E)- 6ecretar" upon recommendation of the MBC
(irector.'*'
2 petition for the cancellation of an existing mineral agreement
covering an area applied for " an applicant ased on the alleged violation
of an" of the terms thereof, is not a ?disputeK involving a mineral
agreement under 6ec. ** >$ of -ep. 2ct )o. *07&. 8t does not pertain to
a violation " a part" of the right of another. !he applicant is not a real
part"-in-interest as he does not have a material or sustantial interest in
the mineral agreement ut onl" a prospective or expectant right or interest
in the mining area. :e has no legal right to such mining claim and hence
no dispute can arise etween the applicant and the parties to the mineral
agreement. 2 petition for cancellation of a mineral agreement anchored on
the reach thereof, even if filed " an applicant to a mining claim, falls
within the jurisdiction of the (E)- 6ecretar", and not P12. 6uch petition
is excluded from the coverage of the P125s jurisdiction over disputes
involving mineral agreements under 6ec. ** >$ of -ep. 2ct )o. *07&.'*7
'*+ -ep. 2ct )o. *07&, 6ec. **.
'*1 d., 6ec. *4.
'*& d., 6ec. *0.
'*' Celestial *ic"el ,ining Corporation v. ,acroasia Corporation, supra note ,+.
'*7 d.
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K-01
.. DENR Seretar": not POA8MA$: #as A%t#orit" to Cane& Contrats
2 scrutin" of the provisions of Pres. (ecree )o. 73', Exec. 1rder )o.
&11, Exec. 1rder )o. &*0, -ep. 2ct )o. *07& and its implementing rules
and regulations, executive issuances, and case law shows that the (E)-
6ecretar", not the P12, has the jurisdiction to cancel existing mineral
lease contracts or mineral agreements. !he power of the (E)- 6ecretar"
to cancel mineral agreements emanates from his administrative authorit",
supervision, management, and control over mineral resources under
/hapter 8, !itle L8; of Coo@ 8; of the -evised 2dministrative /ode of
104*. P125s jurisdiction over ?disputes involving rights to mining areasK
has nothing to do with the cancellation of existing mineral agreements.
!he (E)- 6ecretar", " virtue of his powers as administrative head of his
department in charge of the management and supervision of the natural
resources of the countr" under the 104* 2dministrative /ode, -ep. 2ct
)o. *07&, and other laws, rules, and regulations, can cancel a mineral
agreement for violation of its terms, even without a petition or reDuest filed
for its cancellation, provided there is compliance with due process.'*,
1. Vo&%ntar" Ar*itration S%s+ends POA8MA$ J%risdition
2vailment of voluntar" aritration efore resort is made to the courts or
Duasi-judicial agencies of the government is a valid contractual stipulation
that must e adhered to " the parties. !he P12 is a Duasi-judicial od"
which forms part of the (E)-, an administrative agenc". 2 provision on
mandator" resort to aritration, freel" entered into " the parties, must e
held inding on them. 2s such, P12 has "et no jurisdiction over a dispute
which is governed " -ep. 2ct )o. 4*3, the 2ritration <aw.'*3
2. A++ea& fro( t#e MA$
-ep. 2ct )o. *07& provides that a petition for review " certiorari on
Duestions of law ma" e filed " the aggrieved part" with the 6upreme
/ourt within thirt" >'+$ da"s from receipt of the order or decision of the
Mines 2djudication Coard.'** :owever, this provision has een invalidated
" the 6upreme /ourt. 2 decision of the M2C must now first e appealed
to the /ourt of 2ppeals under -ule 7' of the -ules of /ourt efore
recourse to the 6upreme /ourt.'*4
'*, d.
'*3 Cenguet /orporation v. (E)--M2C, B.-. )o. 13'1+1, .eruar" 1', &++4, ,7, 6/-2 103.
'** -ep. 2ct )o. *07&, 6ec. *0.
'*4 0enguet Corporation v. )E*R/,'0, supra note '*3% Carpio v. Sulu Resources )evelopment
Corporation, B.-. )o. 174&3*, 2ugust 4, &++&, '4* 6/-2 1&4.
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K-0&
3. A++ea& fro( t#e MA$ to Co%rt Of A++ea&s and A++ea& fro( t#e
DENR Seretar" to t#e Offie of t#e President Distin!%is#ed
6ince the cancellation of the mineral agreement is approved " the
(E)- 6ecretar", then the recourse of the contractor is to elevate the
matter to the 1ffice of the President, pursuant to 2dministrative 1rder 14,
6eries of 104*, not with the P12-M2C, then to the /ourt of 2ppeals.'*0
D. J%risdition of Tria& Co%rts
,. Co%rts Retain J%risdition o'er Ci'i& Minin! Dis+%tes
!he trend at present is to ma@e the adjudication of mining cases a
purel" administrative matter. :owever, this does not mean that
administrative odies have complete rein over mining disputes. Auestions
and controversies that are judicial, not administrative, in nature can e
resolved onl" " the regular courts in whom is vested the judicial power to
resolve and adjudicate such civil disputes and controversies etween
litigants in accordance with the estalished norms of law and justice.'4+
-. Ad(inistrati'e and Ci'i& Minin! Dis+%tes Distin!%is#ed
(ecisions of the 6upreme /ourt on mining disputes have recognized a
distinction etween >1$ the primar" powers granted " pertinent provisions
of law to the then 6ecretar" of 2griculture and )atural -esources >and the
ureau directors$ of an executive or administrative nature, such as
Hgranting of license, permits, lease contracts, or approving, rejecting,
reinstating or cancelling applications, or deciding conflicting applications,H
and >&$ controversies or disagreements of civil or contractual nature
etween litigants which are Duestions of a judicial nature that ma" e
adjudicated onl" " the courts of justice. !his distinction is carried over
even under the present law, -ep. 2ct )o. *07&.'41
.. Cases W#ere Tria& Co%rts 7a'e J%risdition
9here the asic issue is entitlement to surface rights and right of wa",
the dispute is not a mining conflict. 8t is essentiall" judicial. 9here the suit
is not merel" for a determination of the amount to e paid for surface
rights ut the ver" validit" of those surface rights, the trial courts have
jurisdiction.'4&
'*0 Celestial *ic"el ,ining Corporation v. ,acroasia Corporation, supra note ,+5 Cenguet
/orporation v. (E)--M2C, supra note '*35 Carpio v. Sulu Resources )evelopment Corporation,
supra note '*4.
'4+ P*$C/Energ( )evelopment Corp. v. 6eneracion, B.-. )o. 1&04&+, )ovemer '+, &++3,
,+0 6/-2 0'.
'41 d.
'4& Standard ,ineral Products v. Court of 'ppeals, B.-. )o. <-7'&**, 2pril &3, 100+.
E);8-1)ME)!2< <29 2)( P-1/E(=-2< -=<E6
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9here the adverse claim is not one grounded on overlapping of claims
nor a mining conflict arising out of mining locations >there eing onl" one
involved$ ut one originating from the alleged fiduciar" or contractual
relationship etween the mining corporation and the locator and his
transferees, the adverse claim is not within the executive or administrative
authorit" of the mining director to resolve, ut in the courts.'4'
1. Cases )#ere Tria& Co%rts #a'e no J%risdition
2 trial court has no jurisdiction over a case involving mining contracts
where the issue involved is the validit" of the transfer of mining rights
executed " a compan" representative whose agenc" was denied " the
compan". !he issue of whether the contracts are valid falls within the
exclusive competence of the Cureau of Mines >now the P12-M2C$. !he
trend is to ma@e the adjudication of mining cases a purel" administrative
matter.'47
!he Cureau of Mines and Beo-6ciences >now P12-M2C$'4, has
jurisdiction to determine the compensation pa"ale to the surface owners.
!he -egional !rial /ourt has no authorit" to ma@e that determination in
the first instance.'43
E. Lienses and Per(its Iss%ed *" t#e DENR
,. Minera& A!ree(ents
.or purposes of mining operations, a mineral agreement ma" ta@e the
following forms#
1$ Mineral production sharing agreement%
&$ /o-production agreement%
'$ Ioint venture agreement% and
7$ .inancial and technical assistance agreement >.!22$.
-. 0TAAS not Unonstit%tiona&
.inancial and technical assistance agreements >.!22s$ were initiall"
declared unconstitutional " the 6upreme /ourt for eing service
contracts deemed illegal under the 104* /onstitution.'4* :owever, upon
'4' Phile4 ,ining Corporation v. <aldivar, B.-. )o. &0330, .eruar" &0, 10*&, 7' 6/-2 7*0.
'47 %win Pea"s ,ining v. *avarro, B.-. )o. 704',, (ecemer 14, 10*0, 07 6/-2 *34.
'4, -ep. 2ct )o. *07&, 6ec. **.
'43 Ra7ah 1ahu( ,ining Compan( v. Pa7ares, B.-. )o. 30&31, Ma" 1', 104,% 1'3 6/-2 71,,
-ep. 2ct )o. *07&, 6ec. *3.
'4* 1a 0ugal/08laan %ribal 'ssociation v. Ramos, B.-. )o. 1&*44&, Ianuar" &*, &++7, 7&1 6/-2
174.
E);8-1)ME)!2< <29 2)( P-1/E(=-2< -=<E6
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reconsideration, the /ourt reversed itself and declared said agreements
as not constitutionall" infirm, as the 104* /onstitution does not proscrie
service contracts.'44
.. Nat%re of DENR Seretar"<s Po)er to Cane& 0TAAS
.ailure to relinDuish or divest areas in excess of the maximum contract
area, as provided for in (E)- (M1 0*-+*, results in the denial or
cancellation of the .!22 application, after which the areas covered
there" shall e open for Mining 2pplications. )o further executive action
is necessar" since (M1 0*-+* itself alread" provided for the sanction of
failing to meet the deadline. 2n" executive action e"ond the deadline
would e a mere superfluit".'40
1. Nat%re of Loator<s Ri!#t
!he right of a locator of a mining claim as a propert" right is
recognized. !his right, however, is not asolute. 8t is merel" a possessor"
right, more so, where claims are still unpatented. !he" can e lost through
aandonment or forfeiture, or the" ma" e revo@ed on valid legal grounds.
Mere location does not mean asolute ownership over the affected land or
the mining claim. 8t merel" segregates the located land or area from the
pulic domain " arring other would-e locators from locating the same
and appropriating for themselves the minerals found therein. !o rule
otherwise would impl" that location is all that is needed
to ac=uire and maintain rights over a located mining claim. !his is contrar"
to the intention of the law that the locator should faithfull" and consistentl"
compl" with the reDuirements for annual wor@ and improvements in the
located mining claim.'0+
2. Ri!#ts of S%rfae O)ner
6ec. *3 of -ep. 2ct )o. *07& provides that suject to prior notification,
holders of mining rights shall not e prevented from entr" into private
lands and concession areas " surface owners, occupants, or
concessionaires when conducting mining operations therein. 2n" damage
done to the propert" of the surface owner, occupant, or concessionaire as
a conseDuence of such operations shall e properl" compensated.
!he purpose of the law is ovious, which is to prevent trespass on
private propert". )o one can dispute that under the -egalian doctrine,
'44 d.
'40 0onaventure ,ining Corporation v. 6..1. ,ines, B.-. )o. 1*7014, 2ugust 1', &++4, ,3&
6/-2 &11.
'0+ Santa Rosa ,ining Compan( v. 1eido, B.-. )o. 701+0, (ecemer 1, 104*, 1,3 6/-2 1%
<ambales Chromite ,ining Compan( v. 1eido, B.-. )o. 7017', 2ugust &1, 1040, 1*3 6/-2 3+&.
E);8-1)ME)!2< <29 2)( P-1/E(=-2< -=<E6
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minerals found in oneJs land elong to the 6tate and not to a private
landowner. )onetheless, a condition sine =ua non is that the prospecting,
exploration, discover", and location must e done in accordance with the
law. 2s it is, a locator5s right to use and exploit the mineral resources
discovered and located do not mature if it does not compl" with conditions
precedent. !o allow a claim for surface rights and right of wa" without
meeting these conditions would e to countenance illegal trespass into
private propert".'01
3. Ot#er Per(its
2n exploration permit grants the right to conduct exploration for all
minerals in specified areas. !he MBC has the authorit" to grant
exploration permits.'0&
8n large-scale Duarr" operations involving cement raw materials,
marle, granite, sand and gravel construction aggregates, a Dualified
person and the government ma" enter into a mineral agreement, instead
of the issuance of a Duarr" permit " the provincial governor.'0'
!he MBC 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 >, has.$ at an" one time.'07
2n ore transport permit specif"ing the origin and Duantit" of nonprocessed
mineral ores or minerals is reDuired for their transport and is
issued " the mines regional director who has jurisdiction over the area
where the ores were extracted. !he asence of a permit is considered
prima facie evidence of illegal mining and is sufficient cause for the
Bovernment to confiscate the ores or minerals eing transported, the tools
and eDuipment utilized, and the vehicle containing the same.'0,
2 mineral trading registration from the (epartment of !rade and
8ndustr" is reDuired for the trading of mineral products, either locall" or
internationall".'03
2 mineral processing permit from the (E)- is reDuired for the
processing of minerals.'0*
'01 Standard ,ineral Products v. Court of 'ppeals, B.-. )o. 7'&**, 2pril &3, 100+, 147 6/-2
,*1.
'0& -ep. 2ct )o. *07&, 6ec. &+.
'0' d.! 6ec. 7'.
'07 d.! 6ec. 7*.
'0, d.! 6ec. ,'.
'03 d.! 6ec. ,7.
'0* d.! 6ec. ,,.
E);8-1)ME)!2< <29 2)( P-1/E(=-2< -=<E6
K-03
0. Per(its Iss%ed *" t#e Pro'inia& Go'ernor
1$ Auarr" Permits on privatel"-owned lands andGor pulic lands for
uilding and construction materials, such as marle, asalt, andesite,
conglomerate, tuff, adoe, granite, garo, serpentine, inset filling
materials, cla" for ceramic tiles and uilding ric@s, pumice, perlite,
and other similar materials that are extracted " Duarr"ing from the
ground are applied for with the provincialGcit" mining regulator"
oard.'04 !he permit to extract sand, gravel, and other Duarr"
resources shall e issued exclusivel" " the provincial governor,
pursuant to the ordinance of the sangguniang panlalawigan.'00 !he
authorit" to cancel a Duarr" permit also lies with the provincial
governor.7++
&$ /ommercial 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 >, has.$ are
also issued " the provincial governor.7+1
'$ Exclusive sand and gravel permits ma" also e granted " the
provincial governor to Duarr" and utilize sand and gravel or other loose
or unconsolidated materials from pulic lands for personal use, i.e., not
for commercial disposition.7+&
7$ Bovernment gratuitous permits ma" e issued " the provincial
governor to a government entit" or instrumentalit" to extract sand and
gravel, Duarr" or loose unconsolidated materials for the construction of
uilding or infrastructure for pulic use or other purposes over an area
of not more than two hectares >& has.$.7+'
,$ 2n" owner of land ma" e granted a private gratuitous permit " the
provincial governor.7+7
3$ 2 guano permit ma" e issued " the provincial governor to extract
and utilize loose unconsolidated guano and other organic fertilizer
materials in an" portion of a municipalit" where the grantee has
estalished domicile.7+,
'04 d.! 6ec. 77.
'00 d.! 6ec. 7'% <1/2< B1;E-)ME)! /1(E, 6ec. 1'4.
7++ -ep. 2ct )o. *07&, 6ec. 7,.
7+1 d.! 6ec. 73.
7+& d.! 6ec. 74.
7+' d.! 6ec. 70.
7+7 d.! 6ec. ,+.
7+, d.! 6ec. ,1.
E);8-1)ME)!2< <29 2)( P-1/E(=-2< -=<E6
K-0*
*$ 2 non-exclusive gemstone gathering permit ma" e issued " the
provincial governor for the gathering of loose stones useful as
gemstones from rivers and other locations.
G. S(a&&8Sa&e Minin!
2 provincialGcit" mining regulator" oard is the implementing agenc" of the
(E)- in small-scale mining. 8t has jurisdiction over the following sujectmatter#
1$ (eclare and segregate existing gold-rush areas for small-scale mining%
&$ -eserve future gold and other mining areas for small-scale mining%
'$ 2ward contracts to small-scale miners%
7$ .ormulate and implement rules and regulations related to small-scale
mining% and
,$ 6ettle disputes, conflicts or litigations over conflicting claims within a
peopleJs small-scale mining area, an area that is declared a smallmining.
!he decision of the provincialGcit" mining regulator" oard is suject to the
review of the (E)- 6ecretar".7+3
7. Cri(ina& Offenses
,. Essentia& E&e(ent in ECC Vio&ation %nder Minin! At
6ec. 1+4 of -ep. 2ct )o. *07& penalizes violations of the terms and
conditions of the Environmental /ompliance /ertificate >E//$ if said
violation causes environmental damage through pollution. !he fact that
must e estalished is the willful violation and gross neglect on the part of
the accused to aide " the terms and conditions of the Environmental
/ompliance /ertificate. 8f there was no violation or neglect, and that the
accused satisfactoril" proves this, he will not e liale.7+*
-. Offense not Pro'en %nder Minin! At (a" sti&& *e Prose%ted
Under Ot#er En'iron(enta& La)s
8t does not follow, however, that one who has escaped criminal liailit"
under the Mining 2ct can no longer e prosecuted under the 9ater /ode,
2nti-Pollution <aw, and the -evised Penal /ode ecause violation of the
Environmental /ompliance /ertificate is not an essential element of these
laws. 2 single act or incident might offend against two or more entirel"
distinct and unrelated provisions of law, thus justif"ing the prosecution of
the accused for more than one offense.7+4
7+3 People5s 6mall 6cale Mining 2ct >-ep. 2ct )o. *+*3$, 6ec. &7.
7+* 1one( v. People, B.-. )o. 1,&377, .eruar" 1+, &++3, 74& 6/-2 107.
7+4 d.
E);8-1)ME)!2< <29 2)( P-1/E(=-2< -=<E6
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.. Mala in Se 0e&on" Cannot A*sor* Mala Prohibita Cri(es
Moreover, a mala in se felon" >such as -ec@less 8mprudence
-esulting in (amage to Propert"$ cannot asor mala prohibita crimes
>such as violation of Pres. (ecree )o. 1+3*, Pres. (ecree )o. 047, and
-ep. 2ct )o. *07&$. 9hat ma@es the former a felon" is criminal intent
>dolo? or negligence >culpa?% what ma@es the latter crimes are the special
laws enacting them.7+0
VII. PROTECTED AREAS
A. Definition
HProtected areaH refers to identified portions of land and water set aside "
the government for reason of their uniDue ph"sical and iological significance,
and managed and protected to enhance iological diversit" against
destructive human exploitation.71+ H)ational 8ntegrated Protected 2reas
6"stems >)8P26$H is the classification and administration " the government
of all designated protected areas to maintain essential ecological processes
and life-support s"stems, to preserve genetic diversit", to ensure sustainale
use of resources found therein, and to maintain their natural conditions.711
$. Co(+onents
2ll areas or islands in the Philippines proclaimed, designated or set aside,
pursuant to a law, presidential decree, presidential proclamation or executive
order as national par@71&, game refuge, ird and wildlife sanctuar",71'
wilderness area, strict nature reserve,717 watershed, mangrove reserve, fish
sanctuar", natural and historical landmar@, protected and managed
7+0 d.
71+ -ep. 2ct )o. *,43, ?!he )ational 8ntegrated Protected 2reas 6"stem 2ct of 100&K, 6ec. 7 >$.
711 d.! 6ec. 7 >a$.
71& d., 6ec. 7 >e$# H)ational par@H refers to a forest reservation essentiall" of natural wilderness
character which has een withdrawn from settlement, occupanc" or an" form of exploitation,
except in conformit" with approved management plan and set aside as such exclusivel" to
conserve the area or preserve the scener", the natural and historic ojects, wild animals and
plants therein and to provide enjo"ment of these features in such areas.
71' d., 6ec. 7 >m$# H9ildlife sanctuar"H comprises an area which assures the natural conditions
necessar" to protect nationall" significant species, groups of species, iotic communities or
ph"sical features of the environment where these ma" reDuire specific human manipulation for
their perpetuation.
717 d., 6ec. 7 >@$# H6trict nature reserveH is an area possessing some outstanding ecos"stem,
features andGor species of flora and fauna of national scientific importance maintained to protect
nature and maintain processes in an undistured state in order to have ecologicall"
representative examples of the natural environment availale for scientific stud", environmental
monitoring, education, and for the maintenance of genetic resources in a d"namic and
evolutionar" state.
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landscapeGseascapes,71, as well as identified virgin forests efore the
effectivit" of -ep. 2ct )o. *,43 or the ?)ational 8ntegrated Protected 2reas
2ct of 100&K, are designated as initial components of the )8P26.713 9ithin
one >1$ "ear after the effectivit" of the )8P26 2ct, the (E)- shall have
sumitted to the 6enate and the :ouse of -epresentatives a map and legal
description or natural oundaries of each protected area initiall" comprising
the 6"stem.71*
!he 6ecretar" of the (E)- proposes the inclusion in the )8P26 of
additional areas with outstanding ph"sical features, anthropological
significance and iological diversit" in accordance with the procedure laid
down in the )8P26 2ct.714 =pon receipt of the recommendations of the
(E)-, the President issues a presidential proclamation designating the
recommended areas as protected areas and providing for measures for their
protection until such time when /ongress has enacted a law finall" declaring
such recommended areas as part of the )8P26.710
!he )8P26 also encompasses outstandingl" remar@ale areas and
iologicall" important pulic lands and ancestral domains7&+ that are haitats
of rare and endangered species of plants and animals, io-geographic zones
and related ecos"stems, whether terrestrial, wetlands or marine, all of which
shall e designated as Hprotected areasH.7&1
71, d., 6ec. 7 >i$# HProtected landscapesGseascapesH are areas of national significance which are
characterized " the harmonious interaction of man and land while providing opportunities for
pulic enjo"ment through recreation and tourism within the normal lifest"le and economic activit"
of these areas.
713 d.! 6ec. , >a$.
71* d.! 6ec. , >$.
714 d.! 6ec. 3.
710 d.! 6ec. , >e$.
7&+ -ep. 2ct )o. 4'*1, 6ec. ' >a$.2ncestral (omains refer to all areas generall" elonging to
8//sG8Ps comprising lands, inland waters, coastal areas, and natural resources therein, held
under a claim of ownership, occupied or possessed " 8//sG8Ps, " themselves or through their
ancestors, communall" or individuall" since time immemorial, continuousl" to the present except
when interrupted " war, force majeure or displacement " force, deceit, stealth or as a
conseDuence of government projects or an" other voluntar" dealings entered into " government
and private individualsGcorporations, and which are necessar" to ensure their economic, social
and cultural welfare. 8t shall include ancestral lands, forests, pasture, residential, agricultural, and
other lands individuall" owned, whether alienale and disposale or otherwise, hunting grounds,
urial grounds, worship areas, odies of water, mineral and other natural resources, and lands
which ma" no longer e exclusivel" occupied " 8//sG8Ps ut from which the" traditionall" had
access to for their susistence and traditional activities, particularl" the home ranges of 8//sG8Ps
who are still nomadic andGor shifting cultivators.
7&1 (E)- 2dministrative 1rder >(21$ &++4-&3, -evised 8mplementing -ules and -egulations of
-ep. 2ct )o. *,43, or the )8P26 2ct of 100&, -ule &.
E);8-1)ME)!2< <29 2)( P-1/E(=-2< -=<E6
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C. Mana!e(ent and Ad(inistration
!he )8P26 is under the control and administration of the (E)- through
Protected 2reas and 9ildlife (ivisions supervised " the (E)- -egional
!echnical (irector in regions where protected areas have een
estalished.7&& 2 Protected 2rea Management Coard >P2MC$ for each of the
estalished protected areas is also set-up to decide the allocations for
udget, approve proposals for funding, and decide matters relating to
planning, peripheral protection, and general administration of the area in
accordance with the general management strateg" of the protected area.7&'
!he P2MC is composed of the (E)- -egional Executive (irector under
whose jurisdiction the protected area is located% a representative from the
autonomous regional government, if applicale% the Provincial (evelopment
1fficer% a representative from the municipal government% a representative
from each aranga" covering the protected area% a representative from each
trial communit", if applicale% and, at least three >'$ representatives from
non-government organizationsGlocal communit" organizations, and if
necessar", one >1$ representative from other departments or national
government agencies involved in protected area management.7&7
!he P2MC has jurisdiction to resolve conflicts or disputes among tenured
migrant communities,7&, etween tenured migrant communities and
indigenous peoples,7&3 ut excluding conflicts or disputes exclusivel" among
indigenous peoples,7&* which are under the jurisdiction of the )ational
/ommission on 8ndigenous Peoples " virtue of the 8ndigenous Peoples
-ights 2ct of 100*, or -ep. 2ct )o. 4'*1.
7&& -ep. 2ct )o. *,43, 6ec. 1+.
7&' d.! 6ec. 11.
7&7 d.! 6ec. 11.
7&, d., 6ec. 7 >l$# H!enured migrant communitiesH are communities within protected areas which
have actuall" and continuousl" occupied such areas for five >,$ "ears efore the designation of
the same as protected areas in accordance with this 2ct and are solel" dependent therein for
susistence.
7&3 d., 6ec. 7 >d$# H8ndigenous cultural communit"H refers to a group of people sharing common
onds of language, customs, traditions and other distinctive cultural traits, and who have, since
time immemorial, occupied, possessed and utilized a territor"%
-ep. 2ct )o. 4'*1 6ec. ' >h$# 8ndigenous /ultural /ommunitiesG8ndigenous Peoples refer to
a group of people or homogenous societies identified " self-ascription and ascription " others,
who have continuousl" lived as organized communit" on communall" ounded and defined
territor", and who have, under claims of ownership since time immemorial, occupied, possessed
and utilized such territories, sharing common onds of language, customs, traditions and other
distinctive cultural traits, or who have, through resistance to political, social and cultural inroads of
colonization, non-indigenous religions and cultures, ecame historicall" differentiated from the
majorit" of .ilipinos. 8//sG8Ps shall li@ewise include peoples who are regarded as indigenous on
account of their descent from the populations which inhaited the countr", at the time of conDuest
or colonization, or at the time of inroads of non-indigenous religions and cultures, or the
estalishment of present state oundaries, who retain some or all of their own social, economic,
cultural and political institutions, ut who ma" have een displaced from their traditional domains
or who ma" have resettled outside their ancestral domains.
7&* (E)- (21 &++4-&3, -ule 1&.1.*.
E);8-1)ME)!2< <29 2)( P-1/E(=-2< -=<E6
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D. La) Enfore(ent
!he 6ecretar" of the (E)- is empowered to deputize field officers and
delegate an" of his powers to expedite implementation and enforcement of
laws% exact administrative fees and fines for violations of guidelines, rules and
regulations% determine the specification of the class, t"pe and st"le of
uildings and other structures to e constructed in protected areas and the
materials to e used% control the construction, operation and maintenance of
pulic utilities within the protected area% and control occupanc" of suitale
portions of the protected area and resettle outside of said area forest
occupants therein, with the exception of the memers of indigenous
peoples.7&4
2ll officials, technical personnel and forest guards emplo"ed in the
integrated protected area service or all persons deputized " the (E)-, upon
recommendation of the P2MC, are considered field officers and have the
authorit" to investigate and search premises and uildings and ma@e arrests
in accordance with the rule on criminal procedure for the violation of laws and
regulations relating to protected areas. Persons arrested are rought to the
nearest police precinct for investigation. -egular law enforcers and police
officers continue to e authorized to arrest an" person violating said laws and
regulations.7&0
E. Proteted Area S%+erintendent
Each protected area is also safeguarded " a (E)- Protected 2rea
6uperintendent >P26u$. !he P26u is the primar" law enforcer in the
protected area and is empowered to enforce rules and regulations to protect
the area from trespassing, damage, vandalism and illegal occupanc".
8n cases of seizure, the P26u assumes custod" of the apprehended
items. !he disposition of confiscated items is suject to the clearance from
the P2MC, except those items that are held under custodia legis! those that
are the suject of donation, those that must e deposited with appropriate
government agenc", and those that will e utilized for the (E)-Js own needs
in accordance with its rules and regulations. !he P26u also issues
/ertificates of 1rigin and transport permits for natural resources and other
products collected or gathered from the protected area in accordance with the
resource use instrumentsGagreements or gratuitous permits issued " the
P2MC or the (E)-.7'+
7&4 -ep. 2ct )o. *,43, 6ec. 1+.
7&0 (E)- (21 &++4-&3, -ule 10% -ep. 2ct )o. *,43, 6ec. 14.
7'+ (E)- (21 &++4-&3, -ule 11.*.
E);8-1)ME)!2< <29 2)( P-1/E(=-2< -=<E6
K-1+&
0. Pro#i*ited Ats and Pena&ties
!he )8P26 2ct penalizes the following offenses#
>a$ :unting, destro"ing, disturing, or mere possession of an" plant or
animal or product derived therefrom without a permit from the
Management Coard%
>$ (umping of an" waste product detrimental to the protected area, or to
the plants and animals or inhaitants therein%
>c$ =se of an" motorized eDuipment without a permit from the
Management Coard%
>d$ Mutilating, defacing or destro"ing ojects of natural eaut" or ojects
of interest to cultural communities%
>e$ (amaging and leaving roads and trails in a damaged condition%
>f$ 6Duatting, mineral locating, or otherwise occup"ing an" land%
>g$ /onstructing or maintaining an" @ind of structure, fences or
enclosures, conducting an" usiness enterprise without a permit%
>h$ <eaving in exposed or unsanitar" conditions, refuse or deris, or
depositing in ground or in odies of water% and
>i$ 2ltering, removing destro"ing or defacing oundar" mar@s or signs.7'1
!he penalties include rehailitation or restoration of the area or
compensation for restoration as determined " the court. !he court shall also
order the eviction of the offender from the land and the forfeiture in favor of
the Bovernment of all minerals, timer or an" species collected or removed,
including all eDuipment, devices and firearms used in connection therewith,
and an" construction or improvement made thereon " the offender. 8f the
offender is an association or corporation, the president or manager is directl"
responsile for the act of their emplo"ees and laorers.7'&
7'1 -ep. 2ct )o. *,43, 6ec. &+.
7'& d., 6ec. &1% (E)- (21 &++4-&3, -ule &&.
E);8-1)ME)!2< <29 2)( P-1/E(=-2< -=<E6
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VIII. WILDLI0E RESOURCES
A. Co'era!e
!he provisions of -ep. 2ct )o. 017*, or the ?9ildlife -esources
/onservation and Protection 2ctK, are enforceale for all wildlife species7''
found in all areas of the countr", including protected areas under the )8P26
and critical haitats. !he" also appl" to exotic species7'7 which are suject to
trade, are cultured, maintained or red in captivit" or propagated7', in the
countr".7'3
$. J%risdition of t#e DENR
!he (E)- has jurisdiction over all terrestrial plant and animal species, all
turtles and tortoises and wetland species, including crocodiles, waterirds and
all amphiians and dugong. !he (epartment of 2griculture >(2$ shall have
jurisdiction over all declared aDuatic critical haitats, all aDuatic resources,
including all fishes, aDuatic plants, inverterates, and all marine mammals,
except dugong. 8n the Province of Palawan, jurisdiction is vested on the
Palawan /ouncil for 6ustainale (evelopment, pursuant to -ep. 2ct )o.
*311.7'*
C. A++&ia*i&it" of Re&ated La)s
!he 8mplementing -ules and -egulations >8--$ of -ep. 2ct )o. 017* are
supplementar" to the provisions of -ep. 2ct )o. 0+*& >)ational /aves and
/ave -esources Management and Protection 2ct$ and its 8mplementing
-ules and -egulations. 8n case of conflict, the 8-- of -ep. 2ct )o. 017*
prevails.7'4 !he management of wildlife resources found within protected
areas is governed " -ep. 2ct )o. *,43 >)8P26 2ct$. !he use for scientific or
commercial purposes of aDuatic and marine resources within protected areas
listed under the jurisdiction of (2 is governed " -ep. 2ct )o. 017* >9ildlife
2ct$ and -ep. 2ct )o. 4,,+ >.isheries /ode$.7'0 !he utilization of wildlife
7'' -ep. 2ct )o. 017*, 6ec. , >x$# H9ildlifeH means wild forms and varieties of flora and fauna, in
all developmental stages, including those which are in captivit" or are eing red or propagated.
7'7 d., 6ec. , >j$# HExotic speciesH means species or suspecies which do not naturall" occur in
the countr".
7', d., 6ec. , >c$# H/aptive-reedingGculture or propagationH means the process of producing
individuals under controlled conditions or with human interventions.
7'3 d., 017*, ?9ildlife -esources and /onservation 2ctK, 6ec. '% Ioint (E)--(2-P/6(
2dministrative 1rder )o. 1 ?Ioint 8mplementing -ules 2nd -egulations >8--$ Pursuant !o -ep.
2ct )o. 017*,K 6ec. '.
7'* -ep. 2ct )o. 017*, 6ec. 7% Ioint (E)--(2-P/6( 2dministrative 1rder )o. 1, 6ec. 7.
7'4 Ioint (E)--(2-P/6( 2dministrative 1rder )o. 1, -ule '.7.
7'0 d.! -ule 7.3.
E);8-1)ME)!2< <29 2)( P-1/E(=-2< -=<E6
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resources found within ancestral domainsGancestral lands shall e suject to
the issuance of a .ree and Prior 8nformed /onsent, pursuant to -ep. 2ct )o.
4'*1 >8ndigenous Peoples -ights 2ct of 100* or 8P-2$.77+
D. Re!%&ated Ati'ities
/ollection771 of wildlife ma" e allowed in accordance with the provisions
of the 9ildlife /onservation 2ct, which reDuires appropriate and acceptale
techniDues with least or no detrimental effects to the existing wildlife
populations and their haitats.77& /ollection of wildlife " indigenous peoples
for traditional use and not primaril" for trade77' is also allowed. /ollection of
threatened species777 is allowed ut onl" for scientific, reeding or
propagation purposes.77,
9ildlife species ma" e exported to or imported from another countr" as
ma" e authorized " the (E)- 6ecretar".773 !he introduction,77*
reintroduction or restoc@ing of endemic774 and indigenous770 wildlife is
allowed, ut onl" for population enhancement or recover" purposes suject to
prior clearance from the (E)- 6ecretar".7,+ Exotic species ma" e
introduced into the countr" upon clearance from the (E)- 6ecretar", ut not
into protected areas covered under the )8P26 or to critical haitats.7,1
Cioprospecting7,& is allowed suject to the approval of the (E)-
6ecretar" and the prior informed consent of the indigenous peoples, local
communities and P2MCs.7,' /ollection and utilization of iological resources
77+ d.! -ule 7.*.
771 -ep. 2ct )o. 017*, 6ec. , >d$# H/ollection or collectingH means the act of gathering or
harvesting wildlife, its "-products or derivatives.
77& d., 6ec. , >m$# H:aitatH means place or environment where species or suspecies naturall"
occur or has naturall" estalished its population.
77' d., 6ec. , >t$# H!radeH means the act of engaging in the exchange, exportation or importation,
purchase or sale of wildlife, their derivatives or "-products, locall" or internationall".
777 d., 6ec. , >s$# H!hreatened speciesH a general term to denote species or suspecies
considered as criticall" endangered, endangered, vulnerale or other accepted categories of
wildlife whose population is at ris@ of extinction.
77, d., 6ecs. * and &'.
773 d.! 6ec. 11.
77* d., 6ec. , >p$# H8ntroductionH means ringing species into the wild that is outside its natural
haitat.
774 d., 6ec. , >i$# HEndemic speciesH means species or suspecies which is naturall" occurring
and found onl" within specific areas in the countr".
770 d., 6ec. , >o$# H8ndigenous wildlifeH means species or suspecies of wildlife naturall" occurring
or has naturall" estalished population in the countr".
7,+ d., 6ec. 1&.
7,1 d.! 6ec. 1'.
7,& d., 6ec. , >a$# HCioprospectingH means the research, collection and utilization of iological and
genetic resources for purposes of appl"ing the @nowledge derived there from solel" for
commercial purposes.
7,' d., 6ec. 17.
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for scientific research ma" e allowed through gratuitous permits7,7 issued "
the (E)- 6ecretar" and also suject to prior informed consent.7,,
E. Pro#i*ited Ats
!he 9ildlife /onservation 2ct penalizes the following as criminal offenses,
unless otherwise allowed through a permit or otherwise in accordance with
said 2ct#
>a$ @illing and destro"ing wildlife species, except in the following instances#
>i$ when it is done as part of the religious rituals of estalished trial
groups or indigenous cultural communities7,3%
>ii$ when the wildlife is afflicted with an incurale communicale
disease%
>iii$ when it is deemed necessar" to put an end to the miser"
suffered " the wildlife%7,*
>iv$ when it is done to prevent an imminent danger to the life or lim
of a human eing% and
>v$ when the wildlife is @illed or destro"ed after it has een used in
authorized research or experiments.
>$ inflicting injur" which cripples andGor impairs the reproductive s"stem of
wildlife species%
>c$ effecting an" of the following acts in critical haitat>s$
>i$ dumping of waste products detrimental to wildlife%
>ii$ sDuatting or otherwise occup"ing an" portion of the critical
haitat%
>iii$ mineral exploration andGor extraction%
>iv$ urning%
>v$ logging% and
>vi$ Duarr"ing
>d$ introduction, reintroduction or restoc@ing of wildlife resources%
7,7 d., 6ec. , >l$# HBratuitous permitH means permit issued to an" individual or entit" engaged in
noncommercial, scientific, or educational underta@ing to collect wildlife.
7,, d., 6ec. 1,.
7,3 1nl" the @illing of wildlife species not classified as threatened, as part of religious rituals of
estalished indigenous cultural communities ma" Dualif". Ioint (E)--(2-P/6( 2dministrative
1rder )o. 1, -ule &*.&.
7,* .or @illing of an" form of wildlife to e justified, a prior certification from a licensed veterinarian
that the concerned wildlife is afflicted with an incurale disease or that the euthanasia is done to
put an end to the miser" of said wildlife is reDuired. Ioint (E)--(2-P/6( 2dministrative 1rder
)o. 1, -ule &*.1.
E);8-1)ME)!2< <29 2)( P-1/E(=-2< -=<E6
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>e$ trading of wildlife%
>f$ collecting, hunting or possessing wildlife, their "-products and
derivatives%7,4
>g$ gathering or destro"ing of active nests, nest trees, host plants and the
li@e%
>h$ maltreating andGor inflicting other injuries not covered " the preceding
paragraph% and
>i$ transporting of wildlife.7,0
0. Sei5%re: 0orfeit%re and 0ines
=pon apprehension, all wildlife, its derivatives or "-products and all
paraphernalia, tools and conve"ances used in connection with the
commission of the prohiited acts are automaticall" confiscated without the
enefit of court order and @ept in the custod" of the concerned agenc". !he
apprehending agenc", after documentation of all seizedGrecovered wildlife,
immediatel" causes the transfer of all seized or recovered wildlife to the
nearest 9ildlife -escue /enter. 2ll perishale and consumale items still fit
for human or animal consumption ma" e donated to non-profit, charitale or
penal institutions or wildlife rescue centers.73+
!he penalties include forfeiture in favor of the government of all wildlife,
derivatives or "-products, and all paraphernalia, tools and conve"ances
used in connection with the offense.731 9here the ownership of conve"ances
elongs to a third person who has no participation in or @nowledge of the
illegal acts committed, the same ma" e released to said owner upon order of
the court.73&
!he fines prescried as penalties are increased " at least ten percent
>1+O$ ever" three >'$ "ears to compensate for inflation and to maintain the
deterrent function of such fines.73' !he increase ta@es effect automaticall"
without need of the issuance of further regulations.737 .ines imposed and
damages awarded inure to the 9ildlife Management .und for rehailitation or
restoration of haitats affected " acts committed in violation of the 9ildlife
7,4 -ep. 2ct )o. 017*, 6ec. , >$# HC"-product or derivativesH means an" part ta@en or sustance
extracted from wildlife, in raw or in processed form. !his includes stuffed animals and herarium
specimens.
7,0 d., 6ec. &*.
73+ d., 6ec. &4% Ioint (E)--(2-P/6( 2dministrative 1rder )o. 1, -ule &4.'.
731 -ep. 2ct )o. 017*, 6ec. &4.
73& d., 6ec. &4% Ioint (E)--(2-P/6( 2dministrative 1rder )o. 1, -ule &4.7.
73' -ep. 2ct )o. 017*, 6ec. &4.
737 Ioint (E)--(2-P/6( 2dministrative 1rder )o. 1, -ule &4.&.
E);8-1)ME)!2< <29 2)( P-1/E(=-2< -=<E6
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/onservation 2ct and to support scientific research, enforcement, and
monitoring activities, as well as enhancement of capailities of relevant
agencies.73,
G. La) Enfore(ent
!he (E)- 6ecretar" is authorized to deputize wildlife enforcement
officers from non-government organizations, citizens groups, communit"
organizations and other volunteers who have undergone the necessar"
training. !he Philippine )ational Police >P)P$, the 2rmed .orces of the
Philippines >2.P$, the )ational Cureau of 8nvestigation >)C8$, and other law
enforcement agencies ma" also designate wildlife enforcement officers from
among their memers. 9ildlife enforcement officers have the full authorit" to
seize illegall" traded wildlife and arrest violators of the 9ildlife /onservation
2ct, suject to existing laws, rules and regulations on arrest and detention.733
More specificall", wildlife enforcement officers ma"#
1$ 6eize illegall" collected, possessed, andGor traded wildlife, or parts,
"-products andGor derivatives thereof%
&$ 2rrest, even without warrant, an" person who has committed, is
committing, or is aout to commit in his presence an" of the
offenses provided under the 2ct and other relevant laws, rules and
regulations%
'$ 2ssist in the conduct of surveillance and monitoring of wildliferelated
activities%
7$ (eliver the arrested offender within reasonale time to the nearest
police station and assist in filing the proper complaint with the
appropriate official designated " law to conduct preliminar"
investigation%
,$ (eliver within reasonale time to the nearest /E)-1, PE)-1 or
(E)- -egional 1ffice or C.2- -egionalGProvincial 1ffices or
P/6(6 (istrict Management 1ffice for custod" all confiscated
wildlife, their parts, "-products andGor derivatives, as well as tools,
eDuipment and conve"ances used in the commission of the crime,
including corresponding reports%
3$ 2ct as witness in court for the speed" prosecution of criminal
complaints against wildlife violators% and
*$ Prosecute cases efore Municipal !rial /ourts in areas where there
are no prosecutors.73*
73, -ep. 2ct )o. 017*, 6ec. &0.
733 d., 6ec. '+.
73* Ioint (E)--(2-P/6( 2dministrative 1rder )o. 1, -ule '+.7.
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II. CAVE RESOURCES
A. Co'era!e
-ep. 2ct )o. 0+*&, or the /ave -esources Management and Protection
2ct, covers caves734 and cave resources730 within pulic domain and private
lands, excluding an" vug,7*+ aDueduct, mine tunnel, and other man-made
excavations.7*1 /aves and cave resources are owned " the 6tate.
<andowners with caves inside their private lands must secure the necessar"
permit from the (E)- for the use, collection or removal of an" cave resource.
2ll resource utilization outside caves within private lands, including the
harvesting of planted trees, is also regulated " the (E)- to preserve the
integrit" of the cave.7*&
$. I(+&e(entin! A!enies
!he (E)- is the lead agenc" tas@ed to implement the provisions of -ep.
2ct )o. 0+*&, in coordination with the (epartment of !ourism >(1!$, the
)ational Museum, the )ational :istorical 8nstitute, and concerned local
government units ><B=s$ for specific caves. 8n the Province of Palawan, the
Palawan /ouncil for 6ustainale (evelopment is the lead implementing
agenc", pursuant to -ep. 2ct )o. *311, or the 6trategic Environmental Plan
for Palawan 2ct.7*' !he responsiilit" in the management and protection of
caves and cave resources found within ancestral domains or ancestral lands
rests with the concerned indigenous people. !he indigenous people ma"
transfer responsiilit" over caves within their ancestral domains or lands to
the (E)- in writing.7*7
734 -ep. 2ct )o. 0+*&, 6ec. ' >a$# H/aveH means an" naturall" occurring void, cavit", recess or
s"stem of interconnected passages eneath the surface of the earth or within a cliff or ledge and
which is large enough to permit an individual to enter, whether or not the entrance, located either
in private or pulic land, is naturall" formed or man made. 8t shall include an" natural pit, sin@hole
or other feature which is an extension of the entrance. !he term also includes cave resources
therein, ut not an" vug, mine tunnel, aDueduct or other manmade excavation.
730 8d., 6ec. ' >$# H/ave resourcesH include an" material or sustance occurring naturall" in
caves, such as animal life, plant life, including paleontological and archaeological deposits,
cultural artifacts or products of human activities, sediments, minerals, speleogems, and
speleothems.
7*+ 2 small cavit" in a vein or in a roc@, usuall" lined with cr"stal of a different mineral composition
from the enclosing roc@. 6ec. ', (E)- (epartment 2dministrative 1rder >(21$ )o. &++'-&0,
8mplementing -ules and -egulations of -ep. 2ct )o. 0+*&.
7*1 (21 )o. &++'-&0, 6ec. &.
7*& d.! 6ec. 3.
7*' -ep. 2ct )o. 0+*&, 6ec. 7% (21 )o. &++'-&0, 6ec. 7.
7*7 (21 )o. &++'-&0, 6ec. *.
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C. Ot#er A++&ia*&e La)s
/aves located within a protected area are covered " and suject to the
provisions of -ep. 2ct )o. *,43, or the )ational 8ntegrated Protected 2rea
6"stem 2ct of 100&.7*, !he collection of iological cave resources is also
governed " the provisions of -ep. 2ct )o. 017* >9ildlife -esources
/onservation and Protection 2ct$ and its implementing rules and
regulations.7*3
D. Re!%&ated Ati'ities
!he (E)- ma" issue permits for the collection and removal of guano and
other cave resources with regard to specific caves, ta@ing into consideration
io-diversit", as well as the aesthethic and archaeological value of the cave.
/learance from P29C is reDuired prior to the issuance of an" mining permit
for cave resources pursuant to -ep. 2ct )o. *07& >Philippine Mining 2ct
100,$ and related rules and regulations, as well as an" prospecting permit to
e issued " other concerned government agencies.7** 2n" permit issued
ma" e revo@ed " the 6ecretar" of the (E)- for violation of an" provision of
-ep. 2ct )o. 0+*&, or for failure to compl" with an" other condition upon
which the permit was issued.
!he 6ecretar" cannot issue permits for the removal of stalactites and
stalagmites, and when it is estalished that the removal of the resources will
adversel" affect the value of a significant cave.7*4 !he (E)- shall also set
open and close seasons for the collection of edile ird5s nest and similar
cave resources.7*0 8t shall also regulate eco-tourism in caves through the
issuance of visitors5 permits.74+
E. Pro#i*ited Ats
=nder -ep. 2ct )o. 0+*&, the following are prohiited acts#
>a$ Knowingl" destro"ing, disturing, defacing, marring, altering,
removing, or harming the speleogem741 or speleothem74& of an" cave,
7*, -ep. 2ct )o. 0+*&, 6ec. , >c$% (21 )o. &++'-&0, 6ec. ,.
7*3 (21 )o. &++'-&0, 6ec. 17.
7** d.
7*4 -ep. 2ct )o. 0+*&, 6ec. , >c$% (21 )o. &++'-&0, 6ec. ,.
7*0 (21 )o. &++'-&0, 6ec. 1'.
74+ d.! 6ec. 17.
741 -ep. 2ct )o. 0+*&# 6ec. ' >d$# H6peleogemH means relief features on the walls, ceilings and
floor of an" cave or lava tue which are part of the surrounding hedroc@, including ut not limited
to anastomoses, scallops, meander niches, petromorphs and roc@ pendants in solution caves and
similar features uniDue to volcanic caves.
74& d., 6ec. ' >e$# H6peleothemH means an" natural mineral formation or deposit occurring in a
cave or lava tue, including ut not limited to an" stalactite, stalagmite, helictite, cave flower,
flowstone, concretion, draper", rimstone or formation of cla" or mud.
E);8-1)ME)!2< <29 2)( P-1/E(=-2< -=<E6
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or altering the free movement of an" animal or plant life into or out of
an" cave%
>$ Bathering, collecting, possessing, consuming, selling, artering or
exchanging, or offering for sale without authorit" an", cave resource%
and
>c$ /ounselling, procuring, soliciting, or emplo"ing an" other person to
violate an" provisions of this 6ection.
!he person furnishing the capital to accomplish the aove acts is also
criminall" liale. 8f the area reDuires rehailitation or restoration as determined
" the court, the offender is also reDuired to restore the same or to
compensate for the damage.74'
0. Ad(inistrati'e Sei5%re and Confisation
!he 6ecretar" of the (E)- is empowered to cause the administrative
confiscation of the cave resources gathered, collected, removed, possessed
or sold, including the conve"ance and eDuipment used.747 !he procedure on
the seizure, confiscation, and forfeiture of cave resources and all implements
used in violation of -ep. 2ct )o. 0+*& is governed " 6ec. 7 of (E)-
(epartment 2dministrative 1rder >(21$ )o. 0*-'& >2dministrative
2djudication of 8llegal .orest Products and the Machiner", EDuipment, !ools
and /onve"ances =sed in /onnection !herewith$ and (epartment
2dministrative 1rder >(21$ )o. 01-'3 >Buidelines Boverning the
/onfiscation, 6eizure and (isposition of 9ild .lora and .auna 8llegall"
/ollected, Bathered, 2cDuired, !ransported and 8mported including
Paraphernalia$, whenever applicale.74,
G. La) Enfore(ent
!he (E)-, through its -egional Executive (irectors >-E(s$, also
deputizes /ave Protection Enforcement 1fficers from locall" ased
nongovernment
organizations, communit" organizations, indigenous people, and
other volunteers who have undergone the necessar" training. 8t ma" also
designate the Philippine )ational Police, the 2rmed .orces of the Philippines,
the )ational Cureau of 8nvestigation and other law enforcement agencies as
cave protection enforcement officers. (eputized cave protection enforcement
officers have the full authorit" to seize and arrest violators of -ep. 2ct )o.
0+*&, suject to existing laws, rules and regulations on arrest and
detention.743
74' -ep. 2ct )o. 0+*&, 6ec. *% (21 )o. &++'-&0, 6ec. 10.
747 -ep. 2ct )o. 0+*&, 6ec. 0.
74, (21 )o. &++'-&0, 6ec. 1*.
743 d.! 6ec. 13.
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I. POLLUTION AND ENVIRONMENTAL MANAGEMENT
A. Po&&%tion AdA%diation $oard ?PA$@
,. Po&&%tion AdA%diation $oard ?PA$@ 7as J%risdition O'er
Po&&%tion Cases
!he matter of determining whether there is pollution of the environment
that reDuires control, if not prohiition, of the operation of a usiness
estalishment, is essentiall" addressed to the Environmental Management
Cureau >EMC$ of the (E)- which, " virtue of 6ec. 13 of Exec. 1rder )o.
10&, series of 104*, has assumed the powers and functions of the defunct
)ational Pollution /ontrol /ommission created under -ep. 2ct )o. '0'1.
=nder said Executive 1rder, a Pollution 2djudication Coard >P2C$ under
the 1ffice of the (E)- 6ecretar" now assumes the powers and functions
of the )ational Pollution /ontrol /ommission with respect to adjudication
of pollution cases.74*
-. E/#a%stion of Ad(inistrati'e Re(edies in Po&&%tion Cases6 Effet
of Non8O*ser'ane
!he Pollution 2djudication Coard is the agenc" of the government with
the tas@ of determining whether the effluents of a particular industrial
estalishment compl" with or violate applicale anti-pollution statutor" and
regulator" provisions. !he claim that going to the trial court without going
to the (E)- first is justified ecause of grave and irreparale injur" from
the operation of an estalishment is wrong. !he doctrine of exhaustion of
administrative remedies reDuires that resort e first made with the
administrative authorities in the resolution of a controvers" falling under
their jurisdiction efore the same ma" e elevated to a court of justice for
review. 2 premature invocation of a court5s intervention renders the
complaint without cause of action and dismissile on such ground.744
.. J%risdition o'er Air Po&&%tion
!he Pollution 2djudication Coard >P2C$ has sole and exclusive
jurisdiction over all cases of air pollution under the /lean 2ir 2ct and all
other matters related thereto, including the imposition of administrative
sanctions, except as ma" e provided " law.740
74* 1aguna 1a"e )evelopment 'uthorit( v. Court of 'ppeals, supra note 1+,.
744 Estrada v. Court of 'ppeals, B.-. )o. 1'*43&, )ovemer 11, &++7, 77& 6/-2 11*.
740 8mplementing -ules and -egulations of the /lean 2ir 2ct, -ule <, 6ec. &.
E);8-1)ME)!2< <29 2)( P-1/E(=-2< -=<E6
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1. E/&%si'e A%t#orit" to Deter(ine t#e E/istene of JPo&&%tionJ
$efore Cri(ina& Prose%tion of Vio&ations
1n matters not related to nuisance, no criminal prosecution for
violation of pollution laws can e initiated until the P2C shall have finall"
ruled thereon. 2 court action involving the determination of the existence
of pollution ma" not e initiated until and unless the P2C has so
determined the existence of what in the law is considered pollution.70+
Pulic prosecutors lac@ the authorit" to file the information charging a
person with a violation of pollution laws if there is no prior finding or
determination " the P2C that the act had caused pollution. Pulic
prosecutors ma" onl" file an information for the commission of pollution if
the P2C had made a finding or determination that the law or an" of its
orders had een violated. 1therwise, the filing of the information is
premature and unauthorized. /onseDuentl", the court where the said
information is filed is without jurisdiction to ta@e cognizance of the criminal
case.701
2. 0i&in! of Cri(ina& Cases for Gross Vio&ations %nder T#e C&ean
Water At And C&ean Air At
8n case of gross violations under oth the /lean 9ater 2ct and /lean
2ir 2ct, the P2C shall recommend that the proper government agencies
file criminal charges against the violators. !he P2C shall assist the pulic
prosecutor in the litigation of the case.
Bross violations under the /lean 9ater 2ct are the following#
1$ (elierate discharge of toxic pollutants identified pursuant to -ep.
2ct )o. 3030 in toxic amounts%
&$ .ive >,$ or more violations within a period of two >&$ "ears% or
'$ Clatant disregard of the orders of the P2C, such as the nonpa"ment
of fines, rea@ing of seals or operating despite the
existence of an order for closure, discontinuance or cessation of
operation.70&
Bross violations under the /lean 2ir 2ct are the following#
1$ !hree >'$ or more specific offenses within a period of one >1$ "ear%
&$ !hree >'$ or more specific offenses in three >'$ consecutive "ears%
'$ Clatant disregard of the orders of the P2C, such as ut not limited
to the rea@ing of seal, padloc@s and other similar devices, or
70+ ,ead v. 'rgel, B- )o. 710,4, Iul" &+, 104&, 11, 6/-2 &,3.
701 d.
70& -ep. 2ct )o. 0&*,, 6ec. &4.
E);8-1)ME)!2< <29 2)( P-1/E(=-2< -=<E6
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operation, despite the existence of an order for
closure, discontinuance or cessation of operation% and
7$ 8rreparale or grave damage to the environment as a conseDuence
of an" violation of the provisions of the 2ct.70'
3. Po)er to Iss%e Ex Parte Cease and Desist Orders
=nder Pres. (ecree )o. 047, 6ec. *>a$, the P2C has legal authorit" to
issue e4 parte orders to suspend the operations of an estalishment when
there is prima facie evidence that such estalishment is discharging
effluents or wastewater, the pollution level of which exceeds the maximum
permissile standards set " the Coard, the EMC, or the (E)-.
E4 parte cease and desist orders are permitted " law and regulations
precisel" ecause stopping the continuous discharge of pollutants and
untreated effluents into the rivers and other inland waters of the
Philippines cannot e made to wait until protracted litigation over the
ultimate correctness or propriet" of such orders has run its full course,
including multiple and seDuential appeals which ta@e several "ears. !he
relevant pollution control statute and implementing regulations were
enacted and promulgated in the exercise of that persuasive, sovereign
power to protect the safet", health, and general welfare and comfort of the
pulic, as well as the protection of plant and animal life, commonl"
designated as the police power. 8t is a constitutional common place that
the ordinar" reDuirements of procedural due process "ield to the
necessities of protecting vital pulic interests li@e those here involved,
through the exercise of police power.707
8ndustrial estalishments are not constitutionall" entitled to reduce their
capitals costs and operating expenses and to increase their profits "
imposing upon the pulic threats and ris@s to its safet", health, general
welfare, and comfort, " disregarding the reDuirements of anti-pollution
statutes and their implementing regulations.70,
4. Pro+er Re(ed" fro( PA$ Deision is A++ea& to t#e Co%rt of
A++ea&s
9here the estalishment affected " an e4 parte cease and desist
order contests the correctness of the prima facie findings of the Coard, the
Coard must hold a pulic hearing where such estalishment would have
an opportunit" to controvert the asis of such e4 parte order. !hat such an
opportunit" is suseDuentl" availale is all that is reDuired " the due
70' -ep. 2ct )o. 4*70, 6ec. 74.
707 Pollution 'd7udication 0oard v. Court of 'ppeals, B- )o. 0'401, March 11, 1001, 10, 6/-2
11&.
70, d.
E);8-1)ME)!2< <29 2)( P-1/E(=-2< -=<E6
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process clause of the /onstitution. !he CoardJs decision rendered after
the pulic hearing ma" then e tested judiciall" " an appeal to the /ourt
of 2ppeals, in accordance with 6ec. *>c$ of Pres. (ecree )o. 047 and
6ec. 7& of the 8mplementing -ules and -egulations.703 2n" decision of the
Coard involving onl" Duestions of law shall e appealed to the 6upreme
/ourt. 2ppeal shall not sta" the execution of an" order or decision of the
Coard, unless otherwise ordered " the /ourt of 2ppeals or the 6upreme
/ourt.70*
=. PA$ Retains J%risdition o'er Minin! Po&&%tion
!he power granted to the mines regional director under the Philippine
Mining 2ct >-ep. 2ct )o. *07&$ to issue orders summaril" suspending
mining or Duarr"ing operations in cases of violation of pollution laws does
not repeal the power of the P2C over cases of mining pollution. 9hile the
mines regional director has express administrative and regulator" powers
over mining operations and installations, it has no adjudicative powers
over complaints for violation of pollution control statutes and
regulations.704
$. DENR A%t#orit" to Enter Pre(ises
!he (E)- ma" reDuire an" person who owns or operates an" pollution
source to sumit reports and other written information. .or this purpose, the
(E)- ma"# >a$ enter an" premises or to have access to documents and
relevant materials% >$ inspect an" pollution or waste source, control device,
monitoring eDuipment or method reDuired% and >c$ test an" discharge or
emission.700
=nder the 6olid 9aste Management 2ct >-2 0++'$, the (E)- has the
right to enter the premises of an" generator, rec"cler or manufacturer, or
other facilities at an" time to Duestion an" emplo"ee or investigate an" fact,
condition or matter which ma" e necessar" to determine an" violation, or
which ma" aid in the effective enforcement of the 2ct and its implementing
rules and regulations.,++
703 d.
70* )ational Pollution /ontrol (ecree >Pres. (ecree )o. 047$, 6ec. * >c$.
704 Republic v. ,arcopper ,ining Corporation, B.-. )o. 1'*1*7, Iul" 1+, &+++, '', 6/-2 '43.
700 /lean 9ater 2ct, 6ec. &'% /lean 2ir 2ct, 6ec. '4% 6olid 9aste Management 2ct, 6ec. 0.
,++ 6olid 9aste Management 2ct >-ep. 2ct )o. 0++'$, 6ec. 0.
E);8-1)ME)!2< <29 2)( P-1/E(=-2< -=<E6
K-11,
C. J%risdition of ot#er A!enies in Po&&%tion Cases
,. La!%na LaDe De'e&o+(ent A%t#orit"
2s a general rule, the adjudication of pollution cases generall" pertains
to the Pollution 2djudication Coard >P2C$, except in cases where the
special law provides for another forum. 9ater pollution cases involving
acts or omissions committed within the <aguna <a@e -egion shall e dealt
with in accordance with the procedure under -ep. 2ct )o. 74,+.,+1
!he <<(2, as a specialized administrative agenc", is specificall"
mandated under -ep. 2ct )o. 74,+ and its amendator" laws to prevent
undue ecological disturances, deterioration and pollution in the <aguna
<a@e area and the surrounding provinces of -izal and <aguna and the
cities of 6an Palo, Manila, Pasa", Auezon and /aloocan. !he <<(2 is
authorized to Hma@e, alter or modif" orders reDuiring the discontinuance of
pollution.H 8n the exercise of its powers under its charter as a regulator"
and Duasi-judicial od" with respect to pollution cases in the <aguna <a@e
region, the <<(2 has the authorit" to issue a Hcease and desist orderH.,+&
-. Traffi AdA%diation Ser'ie
!he !raffic 2djudication 6ervice of the <and !ransportation 1ffice has
jurisdiction over actions for an" violation of an" of the motor vehicle
pollution control laws under the /lean 2ir 2ct.,+'
.. Coast G%ard
!he Philippine /oast Buard has the primar" responsiilit" of enforcing
the laws, rules and regulations governing marine pollution. :owever, it
exercises joint responsiilit" and coordinates with the Pollution
2djudication Coard in the enforcement of the provisions of the Marine
Pollution (ecree >Pres. (ecree )o. 0*0$ and its implementing rules and
regulations.,+7
D. En'iron(enta& I(+at State(ent S"ste(
,. Definition
!he entire process of organization, administration, and procedures
institutionalized for the purpose of assessing the significance of the effects
,+1 /lean 9ater 2ct >-ep. 2ct )o. 0&*,$, 6ec. &4.
,+& 1aguna 1a"e )evelopment 'uthorit( v. Court of 'ppeals, supra note 1+,.
,+' /lean 2ir 2ct 8mplementing -ules and -egulations, -ule <8.
,+7 Pres. (ecree )o. 0*0, 6ec. 3.
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of an" project or underta@ing on the Dualit" of the ph"sical, iological, and
socio-economic environment, and designing appropriate preventive,
mitigating, and enhancement measures.,+,
!he E86 6"stem covers Environmentall" /ritical Projects and projects
or activities located in Environmentall" /ritical 2reas. )o project or activit"
covered under the E86 6"stem can proceed without undergoing an
environmental impact assessment and sumitting an Environmental
8mpact 6tatement >E86$ or an 8nitial Environmental Examination >8EE$ and
acDuiring an Environmental /ompliance /ertificate >E//$ from the
(E)-.,+3
-. Initia& En'iron(enta& E/a(ination6 Re>%isites
=nder (E)- (21 03-'*, an E// applicant for a project located within
an environmentall" critical area is reDuired to sumit an 8nitial Environment
Examination, which must contain a rief description of the environmental
setting and a documentation of the consultative process underta@en, when
appropriate. 2s part of the description of the environmental setting, the
E// applicant must sumit a certificate of locational clearance or zoning
certificate.,+*
.. Offiia&<s At of Grantin! ECC (%st *e De'oid of an" Co&or of
A%t#orit" to A&&o) Cane&&ation t#ro%!# J%diia& Ation )it#o%t
E/#a%stin! Ad(inistrati'e Re(edies
9hile such documents are part of the sumissions reDuired from a
project proponent, their mere asence does not render the issuance of the
E// patentl" illegal. !o justif" non-exhaustion of administrative remedies
due to the patent illegalit" of the E//, the pulic officer must have issued
the E// HEwithout an"F semlance of compliance, or even an attempt to
compl", with the pertinent laws% when manifestl", the officer has acted
without jurisdiction or has exceeded his jurisdiction, or has committed a
grave ause of discretion% or when his act is clearl" and oviousl" devoid
of an" color of authorit".H ,+4
1. ECC S%*Aet to Cane&&ation for Non8Co(+&iane t#ro%!#
Ad(inistrati'e: Not J%diia&: Proeedin!s
!he fact that an E// is suject to cancellation for non-compliance with
its conditions does not justif" ignoring the procedure prescried in (21
03-'* on appeals from the decision of the (E)- Executive (irector. (21
,+, (E)- (epartment 2dministrative 1rder )o. 03-'*, 6ec. '>n$.
,+3 d., (21 03-'*.
,+* 0angus #isherfol" v. 1anzanas, supra note ,7.
,+4 d.
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K-11*
03-'* provides for a separate administrative proceeding to address
complaints for the cancellation of an E//. =nder 2rticle 8L of (21 03-'*,
complaints to nullif" an E// must undergo an administrative investigation,
after which the hearing officer will sumit his report to the EMC (irector or
the -egional Executive (irector, who will then render his decision. !he
aggrieved part" ma" file an appeal to the (E)- 6ecretar", who has
authorit" to issue cease and desist orders. 2rticle 8L also classifies the
t"pes of violations covered under (21 03-'*, including projects operating
without an E// or violating the conditions of the E//. !his is the
applicale procedure on complaints of alleged violations, not the filing of a
case in the trial courts.,+0
2. D%ties of PENRO
!he Provincial Environment and )atural -esources 1fficer >PE)-1$
of the (E)- is mandated to#
1$ /onduct surveillance and inspection of pollution sources and
control facilities and underta@eGinitiate measures relative to
pollution-related complaints of the general pulic for appropriate
referral to the regional office%
&$ /omment on the project description, determine if the project fall
within the Environmental 8mpact 6tatement >E86$ 6"stem and
sumit the same to the regional office% and
'$ 8mplement programs and projects related to environmental
management within the PE)-1.
8n addition, the PE)-1 is li@ewise tas@ed to monitor the project
proponent5s compliance with the conditions stipulated in the E//, with
support from the (E)- regional office and the Environmental
Management Cureau. !he primar" purpose of compliance monitoring is to
ensure the judicious implementation of sound and standard environmental
Dualit" during the development stage of a particular project. 6pecificall", it
aims to#
1$ monitor project compliance with the conditions set in the E//%
&$ monitor compliance with the Environmental Management Plan
>EMP$ and applicale laws, rules and regulations% and
'$ provide a asis for timel" decision-ma@ing and effective planning
and management of environmental measures through the
monitoring of actual project impacts vis-P-vis predicted impacts in
the E86.
,+0 d.
E);8-1)ME)!2< <29 2)( P-1/E(=-2< -=<E6
K-114
Cased on the foregoing, the monitoring duties of the PE)-1 mainl"
deal with road environmental concerns, particularl" pollution aatement.
!his general monitoring dut" is applicale to all t"pes of ph"sical
developments that ma" adversel" impact on the environment, whether
housing projects, industrial sites, recreational facilities, or scientific
underta@ings.,1+
3. Re!iona& E/e%ti'e Diretor ?RED@ not *o%nd to Monitor
En'iron(enta& ProAets
!he applicale administrative orders provide that the function of
monitoring environmental programs, projects and activities in the regions
is lodged with the -egional !echnical (irector of the (E)-, not with the
-egional Executive (irector. .urthermore, monitoring is defined in (21
)o. &1, 6eries of 100&, as the activit" designed to gauge the level of
compliance with the conditions stipulated in the Environmental
/ompliance /ertificate >E//$, and in the Environmental 8mpact 6tatement
>E86$ sumitted. !his is the function of the PE)- and /E)- offices, as
mandated in (21 )o. '*, 6eries of 1003. 2dministrative liailit" could not
e ased on the fact that petitioner was the person who signed and
approved the E//, without proof of actual act or omission constituting
neglect of dut". 8n the asence of sustantial evidence of gross neglect,
administrative liailit" could not e ased on the principle of command
responsiilit". !he negligence of suordinates is not tantamount to the
superior5s own negligence. !he principles governing pulic officers under
the -evised 2dministrative /ode of 104* clearl" provide that a head of a
department or a superior officer shall not e civill" liale for the wrongful
acts, omissions of dut", negligence, or misfeasance of his suordinates,
unless he has actuall" authorized " written order the specific act or
misconduct complained of.,11
E. Ot#er J%ris+r%dene
,. Inineration not *anned Under C&ean Air At
6ection &+ of the /lean 2ir 2ct does not asolutel" prohiit incineration
as a mode of waste disposal% rather onl" those urning processes which
emit poisonous and toxic fumes are anned.,1&
,1+ 0alicas v. ##0/$mbudsman, B.-. )o. 17,0*&, March &', &++7, 7&3 6/-2 107.
,11 Principe v. ##0/$mbudsman, B.-. )o. 17,0*', Ianuar" &', &++&, '*7 6/-2 73+.
,1& ,etropolitan ,anila )evelopment 'uthorit( v. .ancom, B- )o. 17*73,, Ianuar" '+, &++&,
'*, 6/-2 '&+.
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-. Esta*&is#(ent of Landfi&&s Re>%ires Cons%&tation
6ection & >c$ of the <ocal Bovernment /ode reDuiring consultations
with the appropriate local government units applies to national government
projects affecting the environmental or ecological alance of the particular
communit" implementing the project, such as a landfill. =nder the <ocal
Bovernment /ode, two reDuisites must e met efore a national project
that affects the environmental and ecological alance of local communities
can e implemented# prior consultation with the affected local
communities, and prior approval of the project " the appropriate
sanggunian. 2sent either of these mandator" reDuirements, the project5s
implementation is illegal.
=nder the 6olid 9aste Management 2ct >-ep. 2ct )o. 0++'$, landfills
must also compl" with the minimum reDuirements laid down in 6ec. 7+
thereof, specificall" that the site selected must e consistent with the
overall land use plan of the local government unit, and that the site must
e located in an area where the landfill5s operation will not detrimentall"
affect environmentall" sensitive resources, such as aDuifers, groundwater
reservoirs or watershed areas.,1'
.. Trade Serets Maintained %nder Re+%*&i At No. 3B3B
6ection 1& of the !oxic 6ustances and :azardous and )uclear
9astes /ontrol 2ct of 100+, which grants the pulic access to records,
reports or information concerning chemical sustances and mixtures,
including safet" data sumitted, and data on emission or discharge into
the environment cannot e used to divulge trade secrets. 6ec. 1& deems
as confidential matters, which ma" not e made pulic, those that would
divulge trade secrets, including production or sales figures or methods%
production or processes uniDue to such manufacturer, processor or
distriutor, or would otherwise tend to affect adversel" the competitive
position of such manufacturer, processor or distriutor. 9hile the (E)-
ma" release information, the clear import of the law is that said authorit" is
limited " the right to confidentialit" of the manufacturer, processor or
distriutor, which information ma" e released onl" to a medical research
or scientific institution where the information is needed for the purpose of
medical diagnosis or treatment of a person exposed to the chemical
sustance or mixture. !he right to confidentialit" is recognized " said 2ct
as primordial.,17
,1' Province of Rizal v. E4ecutive Secretar(, B- )o. 1&0,73, (ecemer 1', &++,, 7** 6/-2
7'3.
,17 'ir Philippines v. Pennswell, (ecemer 1', &++*, B.-. )o. 1*&4',, ,7+ 6/-2 &1,.
E);8-1)ME)!2< <29 2)( P-1/E(=-2< -=<E6
K-1&+
APPENDII A
PROCEDURE IN ADMINISTRATIVE SEIKURE AND CON0ISCATION UNDER
PRESIDENTIAL DECREE NO. 4C2 ?DENR DAO B48.-@
(E)- (epartment 2dministrative 1rder >(21$ 0*-'& >?-ules for the
2dministrative 2djudication of 8llegal .orest Products and the Machiner",
EDuipment, !ools and /onve"ances =sed in /onnection !herewithK$ provides
guidelines in the exercise of the power of the (E)- in administrative seizure and
confiscation.
2pprehension is the act of finding or intercepting, with proale cause,
and thereafter ta@ing temporar" possession and control, over illegal forest
products, machiner", tools, eDuipment, implements, and conve"ances. 6eizure is
the official act of ta@ing the forest products and other items into government
custod" upon determination that the apprehension is supported " a prima facie
case against the offender, and pending formal administrative proceedings for
disposition. /onfiscation is the official act declaring the seized items as propert"
of the Bovernment upon determination of guilt in administrative proceedings.
.orfeiture is the judicial act of disposing seized items in favor of the government
when said items are surrendered " the (E)- to the custod" of the courts "
virtue of criminal proceedings against the offender.,1,
8tems suject to confiscation include illegal forest products,,13 machiner",
eDuipment, tools and implements,,1* and conve"ances. ,14
,1, (epartment 2dministrative 1rder >(21$ 0*-'& >?-ules for the 2dministrative 2djudication of
8llegal .orest Products and the Machiner", EDuipment, !ools and /onve"ances =sed in
/onnection !herewithK$, 1ctoer 1+, 100*.
,13 (21 0*-'&, 6ec. & >a$. 8llegal forest products are those that are removed, cut, collected,
processed andGor transported# >a$ without the reDuisite authorization or permit% or >$ with
incomplete reDuired supporting document% >c$ with genuine authorizations or permits andGor
supporting documentation that have an expired validit", have een cancelled or that contain
forged entries% or >d$ with spurious >fa@e$ authorizations, permits andGor supporting
documentation. 1riginal documents shall e reDuired at all times to actuall" accompan" an"
forest products eing moved or transported to an" place and for an" purpose. 9henever the
reDuisite authorization andGor supporting documentation are reDuired to ut do not actuall"
accompan" the forest products, such asence constitutes a violation covered " the rules on
administrative seizure and confiscation.
,1* d.! 6ec. & >$. Machiner", eDuipment, tools and implements are those used in the
possession, gathering, collecting, processing andGor transporting of illegal forest products.
,14 d..! 6ec. & >c$. /onve"ance is an" mode or t"pe or class of vehicle or craft or an" other
means used for transportation either on land, water, air, or an" comination thereof, whether
motorized or not, used for or in ta@ing andGor maintaining temporar" or permanent possession or
control, gathering, collecting, processing, disposing of, or otherwise transporting, moving or
transferring illegal forest products.
E);8-1)ME)!2< <29 2)( P-1/E(=-2< -=<E6
K-1&1
,. A++re#endin! Offiers
!he following are authorized to apprehend the aove items#
>a$ .orest 1fficers%
>$ (eputies >i.e., other government officials and private citizens dul"
deputized " the (E)- 6ecretar" or his dul" authorized
representative$%
>c$ Memers of law enforcement agencies% and
>d$ Private citizens as provided " law.,10
-. Sei5%re Offiers
!he administrative seizure of illegal forest products ta@es effect when, for the
purpose of holding the same in custodia legis! an" (E)- 1fficer designated as a
6eizure 1fficer actuall" ta@es deliver" from an apprehending officer and there"
assumes possessionGcontrol of item>s$ apprehended pursuant hereto. 1nl" the
following are designated 6eizure 1fficers with authorit" to effect the
administrative seizure of items mentioned aove within their respective areas of
operation#
>a$ !he (E)- -egional Executive (irector >-E($ or, in his asence, an"
(E)- -egional !echnical (irector >-!($ actuall" assigned to the area
of apprehension at the time thereof%
>$ !he Provincial Environment and )atural -esources 1fficer >PE)-1$
or, in his asence, an" 6enior .orest Management 6pecialist >6.M6$
or 6enior Environmental Management 6pecialist >6EM6$ actuall"
assigned to the area of apprehension at the time thereof% and
>c$ !he /ommunit" Environment and )atural -esources 1fficer >/E)-1$
or, in his asence, an" (E)- 1fficer with the ran@ of .orester 888 or
<and Management 1fficer 888 ><M1 888$ actuall" assigned to the area of
apprehension at the time thereof.,&+
,10 d.! 6ec. ' >1$.
,&+ id.! 6ec. ' >&$.
E);8-1)ME)!2< <29 2)( P-1/E(=-2< -=<E6
K-1&&
.. A++re#ension
=pon inspection or interception of the items or upon the discover" of such
items that are aandoned, or whose owner, claimant, custodian or other
interested part" is asent or cannot e determined, the apprehending officer shall
oserve the following procedureK,&1
1. 1) 68!E (E!E-M8)2!81) 1. P-1C2C<E /2=6E - =pon
encountering a possile violation of forestr" laws, rules and
regulations, the apprehending officerGindividualGleader of the
apprehending team >hereafter referred to as the apprehending
officer$ shall estalish his authorit" " identif"ing himself to an"
person witnessing the activit" " stating his full name, ran@, and
official designation. :e shall exhiit his (E)- 8dentification /ard, if
he is a (E)- official or personnel, if not, a dul" issued identification
card. :e will invo@e (21 0*-'& and announce the commencement
of a verification procedure. :e shall then verif" the existence of
proale cause for an apprehension as outlined elow.
&. 1/=<2- 8)6PE/!81) 2)( 8MME(82!E -E<E26E - :e will
conduct an ocular inspection of all reDuired authorizations. 8f all
reDuisite authorizations, permits, and accompan"ing documentation
are verified to e in order, and the proale cause for an
apprehension is asent, the release of all items inspected must e
effected immediatel". 8n such cases, the official (E)- seal of
inspectionGverification must e ruer-stamped or otherwise affixed
on the face of all transport documents inspected in connection
herewith. 8n the asence of an official (E)- seal, he shall write the
date, state the fact of inspection, and the release. 2fter which he
shall affix his signature aove his full printed name in the official log
oo@ for the matter.
'. 1)-68!E -E/1-( 1. ;81<2!81)6 Q 6hould inspection
pursuant to the preceding paragraph indicate a violation of forestr"
laws, rules and regulations, and the proale cause for an
apprehension is present, the apprehending officer shall
immediatel"#
>a$ verall" inform the person>s$ apprehended of his findings
and announce that he is ma@ing an apprehension in
accordance with (21 0*-'&%
>$ prepare a written on-site record of the names, addresses
and other availale data of all persons found in possession,
exercising control andGor supervision over, or performing or
,&1 d.! 6ecs. 7 and ,.
E);8-1)ME)!2< <29 2)( P-1/E(=-2< -=<E6
K-1&'
otherwise involved in the possession, supervision, control,
cutting, gathering, processing, andGor transporting the
item>s$% and
>c$ if an" there e, he shall write an itemized list of all on-site
machiner", eDuipment, tools, and implements used in the
commission of or otherwise connected with the offense. :e
shall then indicate the date and sign the on-site record, and
reDuest the offender>s$ to sign the same aove their printed
names. 8n case of refusal to sign as herein reDuired, that fact
or circumstances and reason, if an", of such refusal shall e
written thereon in their presence, as proof of such action.
7. 1) 68!E (E!E-M8)2!81) 1. .-2=(=<E)!
M86-EP-E6E)!2!81) P-EI=(8/82< !1 !:E B1;E-)ME)! -
8ntent to defraud the Bovernment shall e presumed#
>a$ 8n case the Duantit" or volume of a shipment or stoc@ of
forest products exceeds what is authorized, documented,
manifested or declared# >i$ " five percent >,O$ or more, in
case of timer, andGor >ii$ " two percent >&O$ or more, in
case of lumer% andGor
>$ =pon discover" of a misdeclaration on the Duantit" and
species eing verified pursuant hereto. 8n all such cases, the
entire shipment shall e considered illegal due to fraudulent
misrepresentation with intent to prejudice the government.
6uch shipments shall e apprehendedGseized, and suject to
confiscation or forfeiture proceedings. !he apprehending
officer or individual shall effect the apprehension and
proceed in accordance with (21 0*-'&, even if the reDuisite
authorizations and supporting documents for all or parts of
said shipment are verified to e otherwise in order.
,. 1)-68!E /1);EN2)/E /:E/K Q 8n case the violation noted
involves the use of a conve"ance, the seizing officer will announce
the apprehension thereof. 6hould the conve"ance reDuire
government registration, he will reDuire the presentation thereof
and will inspect >a$ the /ertificate of -egistration% >$ the 1fficial
-eceipt% and >c$ the (riverJs <icense or similar authorization. 6aid
documents shall e returned to the holder thereof upon notation of
his identit" and address, as well as of the name and address of the
owner of the conve"ance, its license plate numer or other
identif"ing mar@s or information.
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3. 1)-68!E--EP1-! - 8n addition to the foregoing, the following
information, if availale, shall e recorded on-site upon
apprehension, >1$ time, date, and place of apprehension% >&$ full
name and address of the offender>s$ on-site% >'$ full names of all
persons accompan"ing or providing on-site assistance to the
apprehending officer or individual% >7$ circumstances that led to the
apprehension >e.g., discover" of aandoned items, spot chec@ "
monitoring team, verification of asent, lac@ing, forged or spurious
documentation, etc.$% >,$ names of local government officials
present andGor of other person>s$ witnessing the apprehension% >3$
preliminar" description of the item>s$ eing apprehended% >*$ place,
time and date of origin and intended destination, consignors and
consignees of the items eing apprehended% and >4$ such other
data or information and comments, oservations and
recommendations as ma" e availale or pertinent on-site.
*. 2PP-E:E)681) -E/E8P! - =pon completion of the foregoing
procedure and finding the existence of proale cause to ma@e an
apprehension, the apprehending officer shall issue and hand-over
to the offender an 2pprehension -eceipt, which shall contain the
following# >a$ the precise nature of the offense cited% >$ the time,
date, and place of issuance of the 2pprehension -eceipt% and >c$
the full names in print and signatures of oth the apprehending
officer and of the offender>s$. 6hould the offender>s$ refuse to sign
or ac@nowledge in writing his receipt of the 2pprehension -eceipt,
or refuse to ta@e deliver" thereof, such fact shall also e stated in
writing on the 2pprehension -eceipt.
4. P-1;8681)2< 2PP-E:E)681) -E/E8P! - 6hould the
counting, measurement, description, scaling, weighing, andGor
value-estimation of the items eing apprehended, andGor of an"
other documentation activit" related thereto, remain incomplete at
the close of regular office hours of the da" when the apprehension
was made, the fact that more time is reDuired to complete the same
shall e explained to those concerned on-site and reflected in the
2pprehension -eceipt which, in such cases, shall state the date
and time this procedure commenced. 8n such, cases the
2pprehension -eceipt shall e prominentl" mar@ed with the word
?provisionalK. !he Provisional 2pprehension -eceipt shall also state
the date, time, and place where the uncompleted documentation
activit" will resume. !his procedure shall e followed each da" that
the documentation activit" remains incomplete until final completion
thereof.
0. !-2)6P2-E)/N 1. 2PP-E:E)681) P-1/EE(8)B6 - !he
documentation activit" outlined aove shall e underta@en with full
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transparenc" and in the presence of the offender>s$, owner,
custodian, possessor, consignor, consignee, or other person>s$
claiming the apprehended items or representatives of an" of said
persons, as well as an" other concerned or interested persons. 8f
the documentation activit" is underta@en in the asence of an"one
interested therein, such fact shall e stated on oth the on-site
report and apprehension receipt with an explanation, if an".
Moreover, the apprehending officer shall immediatel" implement
such measures to ensure that an" persons @nown to have an
interest in the apprehended item>s$, ut who are asent, are
informed without dela" of the fact of, and reasons>s$ for, the
apprehension, as well as invite said person>s$ to attend the
proceedings, stating the date, time, and date when the
documentation activit" will resume.
1. Sei5%re
!he following procedure shall e complied with in the summar" administrative
seizure of items#,&&
1. (E<8;E-N - 2s soon as possile, after items are apprehended
as outlined aove, the same shall e delivered " the apprehending
officer to the nearest 6eizure 1fficer who shall forthwith sign and
issue a 6eizure -eceipt stating the date, place and time, name of
apprehending officer, and containing an itemized list of the item>s$
delivered to him. 8n case such deliver" of an" apprehended item>s$
is impracticale, the apprehending officer shall deposit the same for
temporar" safe@eeping at the nearest Bovernment office. 6hould
such temporar" safe@eeping e impracticale for an" reason, the
apprehended item>s$ shall remain in the custod" of the
apprehending officer until deliver" thereof is effected as herein
provided.
&. 6=MM2-N 2(M8)86!-2!8;E 6E8M=-E - =pon deliver" to
those authorized, the 6eizure 1fficer concerned shall forthwith
verif" the existence of a prima facie case against the offender "
examining all the documents sumitted to him " the apprehending
officer, as reDuired " the foregoing provisions.
:e shall confirm that the item>s$ delivered to him strictl"
coincide with the itemized list thereof reflected in the documents of
apprehension. 8f such confirmation cannot e completed within the
same da", the procedure for extensions previousl" outlined shall
appl". 8n case of variance etween the items so delivered and
,&& d.! 6ec. 3.
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those reflected in the documents of apprehension, he shall reDuire
a sworn statement from the apprehending officer with a complete,
clear and concise explanation for said variation, which shall form an
integral part of the permanent records of the case.
8n verif"ing the existence of a prima facie case against the
offender, the appropriate (E)- 1fficer shall personall" examine
the apprehending officer and an" witnesses appearing efore him
in order to satisf" himself that an offense has een committed, that
the evidence at hand indicates the offender is proal" guilt"
thereof, and that the items delivered to him are the proceeds of the
violation. 6hould a prima facie case against the offender e thus
found, the 6eizure 1fficer shall immediatel" declare this fact "
issuing a 6eizure 1rder for the apprehended item>s$.
8n case the apprehended conve"ance involved is a
government vehicle, the procedure aove shall e followed and the
vehicle shall e immediatel" released to the highest regional official
of the office which owns the same, upon ac@nowledging that the
said conve"ance has een used in violation of existing forestr"
laws, rules and regulations.
2. Confisation
!he following procedure shall e complied with for the summar"
administrative confiscation of items.,&' 8mmediatel" upon, or as soon as
practicale, after issuance of a 6eizure 1rder, the following shall e followed in
the summar" seizure proceedings.
1. )1!8/E 1. :E2-8)B Q 2 )otice of :earing shall e issued "
the (E)- 1fficer who issued the 6eizure 1rder scheduling a
formal, summar" hearing at a specified place and date within one
>1$ calendar wee@ from the date of the 6eizure 1rder or, upon
written reDuest and signature of all interested parties, within two >&$
calendar wee@s from said date. 8n no case shall the hearing so
scheduled e postponed without the written reDuest of the
offender>s$ andGor the owner or other person>s$ interested in the
seized item>s$.
&. :E2-8)B -!he (E)- 1fficer who issued the 6eizure 1rder
shall preside as the :earing 1fficer at the confiscation hearings,
which shall e recorded and of summar" nature, during which all
interested parties shall e heard " themselves andGor through
counsel of choice. 2mple opportunit" to otain the services of
,&' d.! 6ec. *.
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counsel shall, in all cases, e provided. 2 complete set of the
documents supporting the apprehension and seizure as
hereinaove outlined shall e provided to the interested parties at
their expense, and who shall e afforded the opportunit" to present
controverting evidence. 2lthough not strictl" ound " the technical
rules on evidence and procedure, the -ules of /ourt shall have
suppletor" application to ensure justice and eDuit" at all times. 8n
lieu of adducing testimonial evidence, an" Part" ma" elect to
sumit a Memorandum, attaching 2ffidavits and an" other
supporting documents thereto, with a reDuest that the issues e
decided on the asis thereof.
'. (86P=!2C<E P-E6=MP!81)6 - 8n administrative proceedings
conducted pursuant hereto, the following shall e considered
presumptions of fact andGor law and ta@en as part of the evidence,
unless specificall" controverted and successfull" overcome " a
preponderance of evidence. >a$ 2ll those apprehended on-site for
direct or indirect participation in the commission of the offense>s$
cited had full @nowledge of and willingl" participated therein% >$
!he registered owner andGor operatorGdriver of a conve"ance used
in the commission of the offense had full @nowledge and willingl"
participated therein " providing the conve"ance for the illegal
purpose to which said conve"ance was applied. 8n case the
registered owner of the conve"ance is a partnership or corporation,
the partners andGor officers thereof had full @nowledge of and
granted authorization or issued instructions for the use or
application of the conve"ance in the commission of the offense%
and >c$ 2n" forest products were otained from an illegal source.
7. (E/8681) Q !he (ecision shall e rendered " the -E( upon
recommendation of the :earing 1fficer. 6ustantial evidence shall
suffice to sustain an administrative (ecision adverse to interested
Part">ies$, failing which, a ruling shall e issued dismissing the
case, and the controvers" deemed closed, and ordering that the
seized item>s$ e returned forthwith. 9hen the evidence so
warrants, a ruling shall e issued declaring the seized items to e
confiscated in favor of the Bovernment, together with
recommendations for further prosecution, if an". 8n the asence of
compelling reasons, which shall in all cases e stated on the
record, confiscation proceedings shall e terminated within fifteen
>1,$ regular usiness da"s from commencement thereof. 2
transcript of stenographic notes or minutes ta@en at these
proceedings shall form part of the permanent records of the case,
together with the (ecision issued thereon, citing the evidence
adduced and reasons supporting the ruling. !he (ecision shall
ecome final and executor" upon the lapse of fifteen >1,$ regular
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usiness da"s, unless a Motion for -econsideration is filed as
provided elow.
,. M1!81) .1- -E/1)68(E-2!81) - 2 part" aggrieved " the
decision ma" file onl" one >1$ Motion for -econsideration within a
non-extendile period of fifteen >1,$ calendar da"s from receipt of
the (ecision, containing a concise statement of the grounds relied
upon for the purpose. !he :earing 1fficer shall issue a ruling on
such Motion within fifteen >1,$ da"s from receipt thereof, stating the
grounds therefor. =nless a )otice of 2ppeal is filed " a Part" with
the :earing 1fficer within a non-extendile period of fifteen >1,$
calendar da"s from receipt of a )otice of 2ppeal, the :earing
1fficer shall transmit the complete records of the case to the 1ffice
of the 6ecretar" for appropriate action.
3. 2PPE2< - 9ithin a non-extendile period of fifteen >1,$ calendar
da"s from receipt of the ruling upon a Motion for -econsideration, a
Part", after pa"ing the corresponding 2ppeal .ee, ma" file an
2ppeal with the 1ffice of the 6ecretar", which shall contain a
concise statement of all the issues of fact and law raised on appeal.
=pon receipt thereof, the 2ppeal shall e forwarded to the
=ndersecretar" for <egal and <egislative 2ffairs, who shall sumit
his recommendations to the 6ecretar" within a period of fifteen >1,$
regular wor@ing da"s.
*. (E/8681) 1. !:E (E)- 6E/-E!2-N -2 Part" aggrieved "
the decision rendered " the 6ecretar" ma", within fifteen >1,$ da"s
from receipt thereof, file ut one >1$ Motion for -econsideration,
failing which, the same shall ecome final and executor". :owever,
the aggrieved Part" ma", within the same period, appeal said
(ecision to the 1ffice of the President of the Philippines, pursuant
to Executive 1rder )o. 10, 6eries of 1003.
4. ELE/=!8;E (E/8681) Q 9hen a (ecision ecomes final and
executor" upon the lapse of the reglementar" periods herein
prescried, the =ndersecretar" for <egal and <egislative 2ffairs
shall, motu proprio or upon Motion " an" Part", issue a
/ertification to that effect for sumission to the 6ecretar". !he
/ertification shall cite the item>s$ confiscated in accordance
herewith >if an"$, together with a recommendation for execution of
the (ecision.
0. !E-M8)2!81) 1. /26E Q =pon approval " the 6ecretar"
issued pursuant to the preceding paragraph, confiscated items shall
ecome permanent propert" of the Bovernment and entered into
the oo@s as such and disposed of in accordance with law. !he
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6ecretar"Js approval shall e attached to and shall form part of the
permanent records of the cases, which, from the date thereof, is
considered, terminated and closed.
3. A*andoned 0orest Prod%ts
!he following procedures appl" in cases where illegal forest products and
other items are aandoned, or when the owner, claimant, custodian or other
interested Part">ies$ is un@nown, cannot e determined, or cannot otherwise e
found.
1. !he items shall forthwith e apprehended. 9henever practicale,
photographs of the apprehension site and the item>s$ seized shall
e ta@en and shall form a permanent part of the records of the
case. .or this purpose, the apprehending officer shall identif", date,
caption, and write his full printed name and affix his signature at the
ac@ of each photograph so ta@en.
&. !he 1n-site -ecord of ;iolations, 1n-site -eport and
2pprehension -eceipt shall e prepared as mandated here". 8n
lieu of service of the 2pprehension -eceipt, a notice of the
apprehension shall e left " the apprehending officer on-site,
posted or tac@ed into the nearest tree, wall or other similar
permanent structure. 8n this connection, the notice shall contain the
date, time, and place of the apprehension, full printed name,
designation and signature of the apprehending officer, a complete,
itemized list of the item>s$ apprehended, a summar" statement of
the violation>s$ cited, and of the full printed name and office
address of the seizure officer to whom said items will e sumitted.
'. 6ummar" 6eizureG/onfiscation Proceedings shall e conducted
" the :earing 1fficer designated. 8n such cases, the )otice of
:earing shall e posted at least three >'$ times, once a ever" wee@
for three >'$ consecutive wee@s, in at least three >'$ pulic places,
including, ut not limited to# >a$ the Caranga" :all of the
apprehension site% >$ the Culletin Coard of the (E)- 1ffices
where the Proceedings will e conducted, and >c$ at the Municipal
:all of the apprehension site. 6hould the owner, claimant or other
interested Part" fail to appear at the Proceedings, such failure shall
e deemed a waiver of the right to appear and of an"Gall rights to
the items apprehended in favor of the Bovernment. !he :earing
1fficer shall state this fact in the records and certif" that pulication
of )otice of :earing had een effected in compliance herewith%
thereupon, he shall forthwith issue his (ecision ased on the
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evidence at hand. 2 Motion for -econsideration andGor 2ppeal ma"
e ta@en " an" interested Part".
4. Te(+orar" Re&ease of Con'e"anes
9hen a conve"ance is apprehended, an" time thereafter pending final
disposition of the administrative case, and should availale evidence estalish to
the satisfaction of the :earing 1fficer that the conve"ance ma" e used for lawful
purposes, such as, ut not limited to# personal mode of transportation,
commercial passenger transport, cargo hauling, or other similar legal use,
temporar" release thereof to the owner or claimant or other interested Part" ma"
e applied for, and release thereof to the 2pplicant pendente lite ma" e granted
" the :earing 1fficer, upon compliance with the following reDuirements#,&7
1. (E)- /1).8-M2!81) - 9ritten confirmation in the records of
the case is entered " the :earing 1fficer 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, possession of which shall not e released, unless ordered in
the final decision of said case or " other competent authorit"% and
>$ that the 2pplicant was not among those who were apprehended
and is not a respondent in the case " virtue of which the
conve"ance is eing detained pendente lite% >c$ the 2pplicant has
not previousl" een held administrativel" or criminall" liale for
violation of forestr" laws, rules and regulations% and that >d$
availale evidence does not in an" wa" indicate the complicit" of
the 2pplicant in the offense cited in the confiscation proceedings.
&. 691-) 6!2!EME)! 2)( =)(E-!2K8)B Q 6umission "
the 2pplicant of a 6worn 6tatement#
>a$ declaring the precise nature of his claim thereon%
>$ declaring that he has not previousl" een held
administrativel" or criminall" liale for violation of forestr"
laws#
>c$ descriing the precise lawful uses>s$ to which the
conve"ance shallGma" e applied during the pendenc" of the
case%
>d$ stating the replacement cost of the conve"ance at the
time the application is filed% and
>e$ an unconditional underta@ing to return possession of the
conve"ance to the (E)- as ma" e reDuired for the final
disposition of the case.
,&7 d.! 6ec. 0.
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'. P16!8)B 1. C1)( Q =pon approval of an 2pplication for
!emporar" -elease of /onve"ance, and as a precondition to the
actual pendente lite release thereof, the 2pplicant shall post a cash
or suret" ond to guarantee the prompt return of the conve"ance to
the (E)- as ma" e reDuired pursuant hereto. 8n no case shall a
personal or private ond or guarantee or recognizance e admitted
for this purpose. !he ond shall e eDuivalent to one-hundredtwent"-
five percent >1&,O$ of the replacement cost of the
conve"ance at the time the ond is sumitted. 2 cash ond in favor
of the (E)- must e filed " the 2pplicant with the nearest (E)-
-egional, Provincial or /ommunit" 1ffice% suret" onds in favor of
the (E)- must e from the B686 or other government suret".
1riginal documents evidencing the posting of the ond shall e
sumitted to the :earing 1fficer and form part of the records of the
case.
7. -E/2<< 1. /1);EN2)/E Q 8n case of misrepresentation in
the 2pplication for !emporar" -elease of /onve"ance andGor an"
documents sumitted in connection with or support thereof, or in
case of failure to compl" with an" representations or underta@ings
made in connection therewith, the conve"ance shall e ordered
recalled " the :earing 1fficer and the same shall forthwith e
returned " the 2pplicant to the (E)-. 8n case of failure to return
the conve"ance in compliance with a directive issued in the
administrative case, the ond shall e called and forfeited in favor
of the Bovernment.
,. -E!=-)G/2)/E<<2!81) 1. C1)( Q 9hen the (ecision in a
case ecomes final and executor" as outlined aove, and
administrative confiscation of the conve"ance is not ordered " the
Bovernment, immediate return thereof to the owner and
cancellationGreturn of the ond filed in connection therewith shall e
ordered. =nless expressl" mandated in the od" of the (ecision of
the case, the :earing 1fficer shall forthwith issue an 1rder citing
said (ecision, a cop" of which shall thereto e attached, mandating
the immediate release of the conve"ance to the 1wner thereof,
together with an order for the cancellation of the suret" ond or
return of the cash ond sumitted as hereinaove reDuired.
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APPENDII $
SEIKURE O0 0IS7 CATC7 ?DA8$0AR 0AO -C3: S. -CC,@
.isher" 2dministrative 1rder >.21$ )o. &+3, 6eries of &++1 on F(isposal of
/onfiscated .ish and 1ther 8tems in .ishing !hrough Explosives and )oxious or
Poisonous 6ustancesK la"s down the procedure in the seizure of fish caught
illegall" through explosives and noxious or poisonous sustances.
9henever the (irector of .isheries and 2Duatic -esources, a fish warden
deputized " the (2-C.2- or a C.2- <aw Enforcement 1fficer seizes without
warrant fish suspected to have een caught " means of explosives in a fishing
oat, mar@etplace or elsewhere, he shall ta@e adeDuate samples thereof, which
shall immediatel" e examined for determination whether or not the same have
een caught " means of explosives. Pending the result of the examination, the
fish shall not e allowed to e unloaded from the oat or sold if in the
mar@etplace.,&,
6amples ta@en for examination shall at least e 1++ grams in weight. !he
ideal numer of fish samples is three to five >'-,$ pieces for ig-sized fish or ten
to twent" >1+-&+$ pieces for small fish or fingerlings. !hese should e frozen or
pac@ed in ice then sumitted to the nearest .ish Examiner speciall" trained to
examine fish caught " explosives or to an" municipal health offices or
crimeGhospital laorator" for examination.,&3
8f the examination shows that the fish sample is positive for last fishing, the
same shall e preserved for evidence. !he preserved samples shall e properl"
laeled and the species identified in its scientific, English and local names,
whenever and whichever applicale. !he captain or in charge of the oat, or
vendor or possessor of the fish, if in the mar@etplace or elsewhere shall e
reDuired to countersign the laeled evidence. 8n case of refusal, an affidavit to
this effect shall e prepared " the apprehending officer, attested " two
witnesses.,&*
8f the examination shows that the samples were caught " last fishing, the
apprehending officer shall confiscate the fish haul for distriution to charitale
institutions. !hose willing to accept the d"namited fish still safe to eat shall
execute promissor" notes of their willingness to return the value of the fish in
case of acDuittal of the accused in court. 8n case such charitale institutions
demur, the same ma" e given to penal institutions instead, with the same
promissor" note of repa"ment in case of acDuittal of the accused.,&4
,&, .21 )o. &+3, s. &++1, 6ec. 1 >a$.
,&3 d.! 6ec. 1 >$.
,&* id.! 6ec. 1 >c$.
,&4 d.! 6ec. ' >a$.
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.ish caught " means of noxious sustances, li@e sodium c"anide, exhiit on
outward manifestation to that effect visile to the na@ed e"e. =pon seizure
without warrant, at least 1++ grams of fish, either three to five pieces in case of
ig-sized fish or ten to twent" small-sized fish or fingerlings shall e ta@en as
samples. 9ater sample of aout one liter ma" li@ewise e collected from the
scene of the offense, which sample should reach the laorator" within four >7$
hours from collection. .ish samples must e pac@ed in pol"eth"lene plastic,
either frozen or placed in a closed container or ottle with proportionate ratio of
ice. 8n the asence of ice, eth"l alcohol or asolute alcohol ma" e used.
.ormalin must not e used at this stage. !he internal organs of the fish samples
must never e removed. !he samples must e rought to the C.2- <aorator"
or an" government crimeGhospital laorator" for examination the soonest
possile time.,&0
8f positive for c"anide or other noxious sustances, the samples ma" e
preserved in formalin and laeled. !he same or an" part or portion thereof should
not e distriuted to charitale and penal institutions as the safet" of those who
will consume the same cannot e assured, and in most cases, fish laced with
c"anide is proven to e injurious to humans and animals ali@e. !hose still ris@l"
alive shall e returned to their haitat and those in worse condition shall e
disposed of properl". !he disposal shall e done " the apprehending officer in
the presence of a third-ran@ing C.2- official, and representatives from the 1ffice
of the Prosecutor >(epartment of Iustice$ or the Philippine )ational Police >P)P$,
and shall e documented properl".,'+
8n oth major fishing violations, the apprehending officer shall li@ewise
immediatel" seize, impound and ta@e possession of the fishing vessel, tac@le and
appurtenances thereto, as well as the explosives, noxious or poisonous
sustances, or and other tools and the proceeds of the offense. :e shall prepare
an inventor" of the items seized and issue a receipt to e countersigned " the
captain, master or in-charge of the oat. 6hould the latter refuse, this fact shall
e manifested in an affidavit attested " two witnesses. !he seized items,
documents and fish samples shall e @ept in safe custod" " the apprehending
officer prior to eing turned over to the investigating prosecutor. /op" of the
registration papers and pertinent vessel licenses, its ma@e and description, other
relevant information and a photograph thereof shall e ta@en prior to its eing
ceded to the P)P-Maritime Broup >M2-8B$ for the latter5s safe@eeping during
the course of the trial.,'1
.isher" 2dministrative 1rder )o. &+3, 6eries of &++1 ma" e applied " fish
wardens deputized " the local governments and " other law enforcement
officers, in the asence of an ordinance or rule covering the suject matter. 8t
ma" e applied as well in the disposition of confiscated fish and impounded items
,&0 d.! 6ec. & >a$.
,'+ d.! 6ec. & >$.
,'1 d.! 6ec. ' >c$.
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in cases of other fisher" law violations. <ocal governments ma" enact an
ordinance providing a different mode of disposition of fish catch and the vessel
seized.,'&
8n commercial fishing vessels under the jurisdiction of the (2-C.2-, i.e.,
vessels more than ' gross tons, the owner, licensee, master, patron, or an"
person-in-charge of the fishing oat or the possessor in places other than a
fishing vessel shall allow dul" deputized fisher" law enforcement officers to ta@e
fish samples in Duantit" of not more than one >1$ @ilo, or onl" >1$ fish if it weighs
more than a @ilo, for an on-the-spot or scientific examination to determine
whether the same was caught " means of explosives, or " poisonous or
onoxious sustances. !he receipt of the samples identified in its vernacular,
English andGor scientific names, shall e countersigned " the ownerGpossessor
thereof.,''
,'& d.! 6ec. 7.
,'' 6ec. &*, .isher" 2dministrative 1rder )o. 104, s. &+++, ?-ules and -egulations on
/ommercial .ishing.K
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APPENDII C
SEARC7 AND SEIKURE PROCEDURE IN POAC7ING CASES ?DA8$0AR
0AO -CC: S. -CCC@,'7
!he following constitute inspection and apprehension procedures in poaching
cases#
>a$ =pon receipt of a report that a foreign fishing vessel is engaged in
poaching, or upon the sighting of a foreign fishing vessel, the fisher" law
enforcement officer shall estalish the violation, exact location with
coordinates of the vessel and its distance# from the nearest shore, nature of
andGor cause of apprehension, weather condition at the time of sighting or
apprehension, and the descriptionGcondition of the vessel with appropriate
identif"ing features and mar@s during sighting and apprehension. 9here
practicale, photographs of the vessel should e ta@en.
>$ !he fishing vessel shall e approached to within a safe distance to the
leeward side of the ship, and given visile or audile signals for the vessel
to stop.
>c$ 1nce the fishing vessel has stopped, the fisher" law enforcement officer
shall clearl" identif" himself and the unit or organization to which he
elongs. :e shall state clearl" that he wishes to conduct an inspection on
the ground that he has reason to suspect that the vessel ma" e engaged in
poaching.
>d$ =pon oarding, the officer shall as@ the master of the vessel to stop its
operations and drop anchor, and the captain and crew shall e identified. 2s
far as practicale, the state of the fishing gear at the time of oarding, an"
visile catch that ma" e on dec@, and other conditions on oard the vessel
which indicate that it is poaching, shall e recorded. !he position of the
vessel shall e plotted on a map indicating its location. 2 technician or
engineer from the apprehending vessel should ascertain and record the
status of the engine of the apprehended vessel. !he status of all
navigational and other instruments in the vessel, whether it is wor@ing and
operational at the time of apprehension, should e indicated as detailed as
possile.
>e$ !he oarding officer should read to the arrested persons hisGher rights
under the Philippine /onstitution in English, or in the common language or
dialect of the arrested person, if possile.
>f$ !he master of the vessel shall e reDuired to sign and conform with the
plotted position of the vessel and e informed of the violation committed.
>g$ !he registration papers, logoo@ and navigational chart of the vessel, the
,'7 .isher" 2dministrative 1rder >.21$ )o. &++, s. &+++ FBuidelines and Procedures in
8mplementing 6ection 4* of the Philippine .isheries /ode of 1004K.
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