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CRIMINAL PROCEDURE
RULE 9
PROSECUTION OF OFFENSES
Section 1. Who may file. - Any offended party, peace officer or any public officer
charged with the enforcement of an environmental law may file a complaint before the
proper officer in accordance with the Rules of Court.
The court shall further order the confiscation in favor of the government of the
timber or any forest products cut, gathered, collected, removed, or possessed as well as
the machinery, equipment, implements and tools illegally used in the area where the
timber or forest products are found.
Defenses:
1) PD No. 705 is a special penal statute that punishes acts essentially malum
prohibitum
It is sufficient that the offender has the intent to perpetrate the act
prohibited by the special law, and that it is done knowingly and
consciously.
Refers to Articles 309 and 310 of the RPC for the penalties to be imposed.
The Regional Office concerned, permittee, contractor, permit holder and/or other
duly deputized personnel shall file the complaint with the proper court for violation of
Section 103 of the Act (Theft of Minerals)
Section 124. Persons and Deputies Authorized to Enforce this Code and
Other Fishery Laws, Rules and Regulations. - The law enforcement officers of the
Department, the Philippine Navy, Philippine Coast Guard, Philippine National Police
(PNP), PNP-Maritime Command, law enforcement officers of the LGUs and other
government enforcement agencies, are hereby authorized to enforce this Code and
other fishery laws, rules and regulations. Other competent government officials and
employees, punong barangays and officers and members of fisherfolk associations who
have undergone training on law enforcement may be designated in writing by the
Department as deputy fish wardens in the enforcement of this Code and other fishery
laws, rules and regulations.
One can be validly prosecuted for violating the Water Code even in the absence
of actual pollution.
It must be proven that there is a willful violation and gross neglect to abide the
terms and conditions of the Environmental Compliance Certificate.
Preliminary Investigation:
To determine whether a prima facie case exists warranting the prosecution of the
accused and it is terminated upon the filing of the information in the proper court.
Any disposition of the case as its dismissal or the conviction or acquittal of the
accused rests in the sound discretion of the court.
RULE 10
PROSECUTION OF CIVIL ACTION
Unless the civil action has been instituted prior to the criminal action, the
reservation of the right to institute separately the civil action shall be made during
arraignment.
In case civil liability is imposed or damages are awarded, the filing and other
legal fees shall be imposed on said award in accordance with Rule 141 of the Rules of
Court, and the fees shall constitute a first lien on the judgment award. The damages
awarded in cases where there is no private offended party, less the filing fees, shall
accrue to the funds of the agency charged with the implementation of the environmental
law violated. The award shall be used for the restoration and rehabilitation of the
environment adversely affected.
a. Institution of actions
Departs from the traditional rule on institution of civil actions under Rule 111 of
the ROC.
This provides for an applicable rule on the disposition of damages where there is
no private offended party.
Codifies the essence of restorative justice when it requires that the award shall
be given to the concerned government agency.
b. Generally, the civil action is deemed instituted with the criminal action
XPNS:
When the civil action has been instituted prior to the criminal action, the
reservation of the right to institute separately the civil action shall be made during
the arraignment.
RULE 11
ARREST
(a) When, in his presence, the person to be arrested has committed, is actually
committing or is attempting to commit an offense; or
(b) When an offense has just been committed, and he has probable cause to
believe based on personal knowledge of facts or circumstances that the person
to be arrested has committed it.
Taking of a person in custody in order that he may be bound to answer for the of
an offense.
How made:
Person arrested without a warrant shall be delivered to the nearest police station
or jail without unnecessary delay.
If the arrest and seizure are made in the forests, far from the authorities
designated by law to conduct preliminary investigations, the delivery to, and filing of
the complaint with, the latter shall be done within a reasonable time sufficient for
ordinary travel from the place of arrest to the place of delivery. The seized
products, materials and equipment shall be immediately disposed of in accordance
with forestry administrative orders promulgated by the Department Head.
The Department Head may deputize any member or unit of the Philippine
Constabulary, police agency, barangay or barrio official, or any qualified person
to protect the forest and exercise the power or authority provided for in the
preceding paragraph.
Reports and complaints regarding the commission of any of the offenses defined
in this Chapter, not committed in the presence (brought to his attention) of any forest
officer or employee, or any of the deputized officers or officials, shall immediately be
investigated by the forest officer assigned in the area where the offense was
allegedly committed, who shall thereupon receive the evidence supporting the
report or complaint.
He should file the proper complaint with the appropriate official designated by
law to conduct PI.
Complaint for theft of minerals. The Bureau officers which include the Regional
Director and other Bureau personnel, duly authorized by the Director, DENR personnel
duly authorized by the Secretary, permittee, contractor, permit holder and other duly
deputized personnel shall have the authority to arrest offenders, and confiscate/seize
illegally-sourced minerals/mineral products and the tools, equipment and conveyance
used in the commission of offense.
Section 2. Warrant of arrest. - All warrants of arrest issued by the court shall be
accompanied by a certified true copy of the information filed with the issuing court.
Purpose: to properly apprise the accused of the charges wherever and whenever
he was arrested and who files an application for bail with a court other than the court
issuing the warrant.
Written undertaking empowers the court to enter plea of not guilty for the
accused in the event that he fails to appear at the arraignment, and also to proceed to
conduct trial in absentia.