Republic of the Philippines (Republic Act No. 7611) PALAWAN COUNCIL FOR SUSTAINABLE DEVELOPMENT PCSD Excerpts from the Minutes of the 294" PCSD Regular Meeting PCSDS Conference Room, 3/F PCSD Building, Sports Complex Road Sta, Monica, Puerto Princesa City September 29, 2022 Present: 1. Gov. Victorino Dennis M. Socrates, Provincial Governor Chair 2. Hon. Ferdinand P. Zaballa, President, Liga ng mga Barangay Vice Chair 3. Nifio Rey C. Estoya, MNSA, Acting Executive Director, PCSDS Secretary 4. Mayor Amy R. Alvarez, President, League of Municipalities Member 5. Mr. Jeffrey A. Armedilla, Private Sector representative Member 6. Mayor Lucilo R. Bayron, Puerto Princesa City Member Represented: 7. Usec. Carlos Bernardo 0. Abad-Santos, NEDA Member Represented by RD Agustin C, Mendoza 8. VADM Alberto B Carlos, Commander, WESCOM Member Represented by CAPT Boyd P Amorado PN(GSC) U7 {0a ienameeenadesnneiaenieaaiineaee PCSD RESOLUTION NO. 22-847 —— “ADOPTING THE PALAWAN COUNCIL FOR SUSTAINABLE DEVELOPMENT EVIDENCE PROCEDURE POLICY” WHEREAS, Republic Act (R.A.) No. 7611, otherwise known as the Strategic Environmental Plan (SEP) for Palawan Act, took effect on 19 June 1992 and declared, under Section 6, that the SEP shall serve as the framework to guide the government agencies concerned in the formulation and implementation of plans, programs and projects affecting the environment and natural resources of Palawan; WHEREAS, Section 2 of the same law declares the policy of the State to protect, develop and conserve its natural resources towards which, it shall assist and support the implementation of plans, programs and projects formulated to preserve and enhance the environment, and at the same time pursue the socioeconomic development goals of the country; that it shall support and promote the sustainable development goals for the provinces through proper conservation, utilization and development of natural resources to provide optimum yields on a continuing basis, ‘Vision: Palawan, an innovative and dynamic global center of sustainable development ‘Mission’; PCSDS as the crver of environmental conservaton and inclusive developmentin Pekawan, «a biosphere reserve and scenoeforsustanabity ste, guided by the Strategic Environmental PlanWHEREAS, the R.A. No. 7611 further provides that the SEP shall have, as its general philosophy, the sustainable development of Palawan, which is the improvement in the quality of life of its people in the present and future generations through the use of complementary activities of development and conservation that protect life-support ecosystems and rehabilitate exploited areas to allow upcoming generations to sustain development growth; WHEREAS, Section 16 thereof created the Palawan Council for Sustainable Development (PCSD) to exercise the governance, implementation and policy direction of the SEP; WHEREAS, among the powers and functions of the Council under Section 19 of RA No. 7611 are to: 1, Formulate plans and policies as may be necessary to carry out the provisions of this Act; 2, Adopt, amend and rescind such rules and regulations and impose penalties therefore for the effective implementation of the SEP and the other provisions of this Act; 3. Enforce the provisions of this Act and other existing laws, rules and regulations similar to or complementary with this Act; 4. Perform related functions which shall promote the development, conservation, ‘management, protection, and utilization of the natural resources of Palawan; and 5. Perform such other powers and functions as may be necessary in carrying out its functions, powers, and the provisions of this Act; WHEREAS, to ensure the attainment of the ends of ECAN, the PCSD promulgated Administrative Order No. 06, otherwise known as the “Revised Guidelines in the Implementation of SEP Clearance System, as amended”, through which all projects of the proponents are evaluated based on ECAN Zoning of Palawan, as well as their ecological sustainability, social acceptability and economic viability; WHEREAS, on July 3, 2001, Republic Act No. 9147, otherwise known as the Wildlife Resources Conservation and Protection Act, was passed into law to carry out the declared policy of the State to “conserve the country’s wildlife resources and their habitats for sustainability,” and mandated the PCSD as the lead implementing agency in the Province of Palawan; WHEREAS, the PCSD issued Administrative Order No. 12 to provide detailed guidelines in the implementation of R.A. No. 9147 and Joint DENR-DA-PCSD Administrative Order No. 01 as may be applicable in the Province of Palawan; WHEREAS, to provide for a system that will ensure the sustainability of live reef food fish industry by setting up a quota mechanism, to eliminate use of cyanide and other noxious substances and their derivatives/forms in the live reef food fish industry and to regulate resource extraction to a sustainable level, the PCSD promulgated PCSD Administrative Order No. 05; PCSD Resolution No. 22-847, September 29, 2022 Page? of 21WHEREAS, on November 7, 2002, Republic Act No. 9175, otherwise known as the Chainsaw Act of 2002, was passed into law to carry out the declared policy of the State to conserve, develop and protect the forest resources under the sustainable forest management by pursuing an aggressive forest protection program geared towards eliminating illegal logging and other forms of forest destruction which are being facilitated with the use of chainsaws; Section 9 of which provides that the PCSD shall be the lead implementing agency in the Province of Palawan that resulted in the promulgation of PCSD Administrative Order No. 07; WHEREAS, on April 8, 2001, Republic Act No. 9072, otherwise known as the Caves and Cave Resources Management and Protection Act, was passed into law to carry out the declared policy of the State to “conserve, protect and manage caves and cave resources as part of the country’s natural wealth,”; Section 4 of which provides that the PCSD shall be the lead implementing agency in the Province of Palawan, resulting to the adoption and issuance of PCSD Administrative Order No. 08; WHEREAS, through the adoption of R.A. No. 8550, otherwise known as the “Philippine Fisheries Code of 1998,” under PCSD Resolution No. 98-118-A, PCSD declared the act of mangrove debarking illegal and the mere possession of tanbark as “illegal per se” in the province of Palawan through Resolution No. 00-166 and promulgated Administrative Order No. 11, otherwise known as the “Rules and Regulations Governing the Conservation and Protection of Mangrove Areas”; WHEREAS, the Council, through Resolution No. 03-207, reconstituted the PCSD Legal Committee and delegated thereto the quasi-judicial power to adjudicate violations of the above-mentioned PCSD Administrative Orders; WHEREAS, the PCSD, through its Staff, files criminal and administrative complaints for violations of the aforementioned laws and administrative orders, respectively, in the exercise of its mandates and jurisdiction; WHEREAS, on September 29, 2022, the PCSD approved and adopted the Amended PAB Rules of Procedure, Rule VII, Section 52 of which provides, “procedures regarding the seizure, custody, and control of seized items shall be as described herein and as described in more detail in the Evidence Procedure Policy developed and periodically amended by the PCSD;” WHEREAS, Rule 12, Section 1 of the Rules of Procedure for Environmental Cases under A.M. No, 09-6-8-SC issued by the Supreme Court of the Philippines provides, “the custody and disposition of seized items shall be in accordance with the applicable laws or rules promulgated by the concerned government agency;” WHEREAS, on September 28, 2022, the PCSD Evidence Procedure Policy was presented before the PCSD Legal and Inter-Governmental Affairs Committee (LIAC) and recognizing the need to the need to established an evidence procedure policy that will provide a standardized process for handling and evaluating evidence and proper chain of custody to ‘PCSD Resolution No, 22-847, September 29, 2022 Page 3 of 21ensure successful case prosecution, the LIAC resolved to recommend its adoption to the PCSD en banc; ‘WHEREAS, on September 29, 2022, the proposed PCSD Evidence Procedure Policy was presented to the PCSD by the LIAC; WHEREAS, the Council commended the efforts of LIAC/PAB Secretariat, with the help of the United States Forest Service-International Program (USFS-IP), in formulating the PCSD Evidence Procedure Policy, which will strengthen the effective prosecution of cases before the Courts and the PAB; WHEREAS, upon deliberation, the Council resolved to approve and adopt the PCSD. Evidence Procedure Policy upon the recommendation of the LIAC; WHEREFORE, for and in consideration of the above premises, upon motion, duly seconded, be it RESOLVED, as it is hereby RESOLVED, TO ADOPT, as it is hereby adopted, THE PCSD EVIDENCE PROCEDURE POLICY, to wit; 1, OBJECTIVES a. Provide a uniform system of evidence handling and marking towards successful prosecution of cases; b. Improve internal control to reduce the risk of evidence loss/tampering and occupational hazard to personnel; ¢. Identify support requirements including infrastructure, equipment, facilities and needed information and communications technology. 4. Identify duties and responsibilities of those persons involved in the handling, management, safekeeping, storage, turnover and release of evidence. . Identify the documentary requirements and official reports which must be submitted and maintained on record in connection with the seizure and turn-over of the evidence as attachments to the criminal and administrative cases filed, its production in court and the eventual disposition thereof, f. Provide an easy reference manual for the Evidence Custodian, the Legal Services Section and the Enforcement Section. 2. DEFINITION OF TERMS - As used in this policy, the following terms shall mean: a. Chain of Custody - the duly recorded authorized movements and custody of seized pieces of evidence at each stage from the time of seizure/confiscation, to receipt during preliminary investigation for turnover to the Evidence Custodian for safekeeping, up to its presentation in court and until proper disposition, b. Case Prosecutor - refers to a Lawyer from the Legal Services Section who acts as the special prosecutor or representative of the agency to a case and who receives PCSD Resolution No, 22-847, September 29, 2022 Page 4of 21the evidence for the purpose of presenting the same to the court by virtue of a lawful order. ¢. Evidence —any object, documentary or testimonial evidence which are admissible ina judicial and administrative proceeding, in accordance with the Rules of Court; 4d. Evidence Custodian — personnel officially designated by PCSD from among its permanent staff who shall be granted the authority to exercise overall control over the PCSD Evidence Facility and in any and all pieces of evidence which are properly and officially tumed-over in his/her custody. ¢. Evidence Facility — a secured place or room being utilized by the Legal Services Section for storing, preserving, and safekeeping of all the evidence properly and officially turned-over by the Enforcement Section; £. Evidence Control Form -document which has for its purpose the recording of the transfer of the chain of custody of the evidence seized. An Evidence Control Form shall be included in every case folder maintained by the Legal Services Section. g. Evidence Custody Book. An Evidence Custody Book shall be maintained by the PCSD. This will serve as the official log book to trace and monitor the custody of the evidence seized by the Wildlife Enforcement Officers and shall be kept by the Evidence Custodian of the PCSD h. PCSD Evidence Room Access Log ~a logbook which shall be maintained at the evidence room proper for the systematic tracking of the evidence being entered into and taken out of the evidence facility, and the personnel who had access to the evidence room. i. Inventory -the process of accounting the pieces of evidence reflected in the Evidence Room Log, its location, as well as its storage condition. j. Safekeeping — the act or process of preserving pieces of evidence or property for safety under the custody of the PCSD. 3. AUTHORITY By virtue of Republic Act No. 7611, otherwise known as the Strategic Environmental Plan for Palawan Act, the Palawan Council for Sustainable Development is given the power and authority to formulate plans and policies as may be necessary to carry out the provisions of the Act. This Evidence Procedure Policy shall form part of the policies issued by the PCSD which shall govern the management of evidence used in the adjudication and filing of administrative and criminal cases, the custody thereof and its disposition. 4. EVIDENCE POLICY ‘PCSD Resolution No. 22-847, September 29, 2022 Page 5 of 214.1 - Custody and Storage of Evidence 4.1.1 - Reference Numbers a. Reference numbers are control numbers enabling the identification and tracking of evidence, activities and workload data directly related to specific law enforcement actions such as but not limited to Investigation, Surveillance, Monitoring, Apprehension, or Summary of Information relating to other enforcement operations. They are not intended to be applied to non-law enforcement administrative actions, housekeeping functions, duty officer details, unit training, or other activities not described in this paragraph. b. The reference number consists of five (5) groups of information separated by hyphens, assigned by the PCSD Wildlife Enforcement Section Administrative Officer at the outset of each law enforcement action. The first group is a six-digit number corresponding to the date (month/date/year) when the operation was conducted. The second group is a code for the PCSD Administrative Order or other Environmental Laws violated. The third group is the Municipal Code of the municipality where the evidence was seized/confiscated. The fourth group is an abbreviation which stands for the specific type of operation conducted by the enforcement officers. For this purpose, the following abbreviations shall be assigned: Investigation — INV Surveillance ~ SUR Monitoring ~ MNT Apprehension — APP Summary of Information — SOI Following this, the fifth is a number series assigned by the WEO Administrative Officer. As an exemplar, a Reference Number will appear as follows: 091022- AOT-BP-APP-001. ¢. The reference number shall be provided by the Administrative Officer of the Enforcement Section and relayed to the Evidence Custodian and the Legal Services Section. If the enforcement unit plans an operation/investigation, they shall request and receive a case number assigned for that particular operationvinvestigation. In the event an operation/investigation is unplanned, the enforcement officer shall inform the Enforcement Unit Administrative Officer for the issuance of a Reference Number. If communication is not possible from the scene of the investigation, the enforcement officer shall mark the evidence with the date, time, place of PCSD Resolution No. 22-847, September 29, 2022 Page 6 of 21seizure/confiscation, and his initials until a case number can be provided. Evidence shall not be stored at the evidence facility without a case number. d. Once a reference number is issued, the case officer shall ensure that case number is referenced on subsequent reports, supplemental reports, receipts, statements, attachments, and indicated on any evidence related to the case. 4.1.2 - Custody of Evidence a, Log and Mark Evidence. Ensure any physical items or property gathered as evidence are properly logged and marked without unnecessary delay. The lead enforcement officer at the scene should mark the evidence in the manner stated in item 4.1.3 below. b. Issue Receipt of Seized Items for Property. 1. Owner is Present at the Place of Seizure/Apprehension. The Enforcement Officer seizing or taking custody of the property shall issue a Receipt of Seized Items which shall properly document the items seized. The owner of the items seized shall be furnished a copy thereof. 2. Owner is not present at the Place of Seizure/Apprehension. The Enforcement Officer seizing or taking custody of the property shall issue a Receipt of Seized Items which shall properly document the items seized and shall reflect from whom the item/s was/were seized. The person on whose person the items were seized shall be furnished a copy thereof. 3. Abandoned Items. a. Owner is Known. If the owner of the abandoned items is known, a Receipt of Seized Items shall be prepared by the Enforcement Officer and a copy thereof shall be given to the owner. b. Owner is Unknown. If the owner of the items is unknown, the Enforcement Officers shall prepare a Receipt of Seized Items for the purpose of documenting what items were seized. A clear mark stating the word “ABANDONED” must be included on the mark/tag of the item seized. For Item 4.1.2-b, the Enforcement Officers must prepare at least four (4) original forms of the Receipt of Seized Items. Copy. Copy given to the Evidence Custodian. Copy 2&3. File Copy and for the Office of the Prosecutor/Court to be included on the case file. Copy4. Copy given to the owner of the item scized/ person in possession of the items seized or to the Officer of the Barangay. The Wildlife Enforcement Officers, Wildlife Traffic Monitoring Units and District Management Officers must see to it that Receipt of Seized Items form are PCSD Resolution No. 22-847, September 29, 2022 Page 7 of 21in their person/possession at all times in anticipation of every apprehension, surveillance, monitoring and other operations. In the event that there are numerous items seized/confiscated or when the circumstances surrounding the seizure/confiscation would not allow the enforcers to fill out and issue the required number of Receipt of Seized Items stated above, only two (2) copies may be prepared. One (1) copy shall be given to the owner or possessor of the properties seized/confiscated and the other copy shall be retained for the copy of the PCSD, which shall be photocopied and duly marked as “Certified True Copy” of the original and signed by the issuing Enforcement Officer or Wildlife Trafficking Monitoring Officer. 4.1.3 - Marking/Tagging of Evidence The Wildlife Enforcement Officer/s who conducted seizure and apprehension shall mark/tag the pieces of evidence gathered in the manner illustrated below. The marking/tagging of the pieces of evidence gathered must be conducted within the area where they are gathered without unnecessary delay. The marks/tags made on the evidence and the entry in the Receipt of Seized Items must reflect the same information, In the conduct of operations and apprehensions, the marking and tagging of the evidence, the mark/tag shall be the same as that of the Reference Number, adding therein the unique mark for the particular items seized/confiscated. The evidence mark/tag shall appear as follows: For Evidence No.1 : 091022-A07-BP-APP-001-EVD1 For Evidence No.2: 091022-407-BP-APP-001-EVD2 ‘The Case Prosecutor shall ensure that the mark/tag is referenced on subsequent Teports, supplemental reports, receipts, statements, attachments, and indicated on any evidence related to the case. 4.1.4 - Identification of Property a. Property Classifications. For purposes of this policy, property shall be classified in the following manner: 1. Evidence. This consist of documents, testimonies, and items seized/gathered or turned-over by the Wildlife Enforcement Officers and the Wildlife Trafficking Monitoring Officers, as well as items tumed-over to the District Management Officers, which are related to or used in connection with activities amounting to violation of environmental laws enforced by the Palawan Council for Sustainable Development Staff, which necessarily proves the offense charged. PCSD Resolution No. 22-847, September 29, 2022 Page & of 212. Non-evidence. All other items or property that are not treated as evidence. 4.1.5 - Chain of Custody and Storage of Evidence a, Evidence Custody Book. An Evidence Custody Book shall be maintained by the PCSD. This will serve as the official log book to trace and monitor the custody of the evidence seized by the Wildlife Enforcement Officers and shall be kept by the Evidence Custodian of the PCSD. b. PCSD Evidence Room Access Log. An Evidence Room Access Log shall be maintained within the PCSD evidence facility which shall duly record the pieces of evidence being entered into for storage, as well as the pieces of evidence being brought out for purposes of disposition, release to the owner, or presentation to the court under a lawful court order. ‘The Evidence Room Access Log shall also record the names of PCSD personnel and any other persons who had access inside the evidence room. The log book shall reflect the date and time when the evidence was entered and when the personnel or any other person had access inside the evidenee facility. Evidence Control Form. To ensure that the chain of custody of the evidence seized is properly maintained, the Evidence Control Form shall be used to record the transfer of the chain of custody. The filling out of said form shall be made by the enforcement officer. The Evidence Control Form shall be included in every case folder maintained by the Legal Services Section. PCSD Evidence Room Assigned Security. A PCSD personnel shall be assigned as security for the evidence facility who shall be perform the following duties and responsibilities: 1. Inspect and patrol the premises regularly; 2. Monitor evidence facility entrance; 3. Authorize entrance of persons and vehicles; 4. Report any suspicious and untoward incident within the evidence facility to the Evidence Custodian; Secure all access for ingress and egress; Monitor surveillance cameras; Provide needed assistance to the Evidence Custodian or other PCSD personnel authorized by hinv/her; 8. Properly maintain the Evidence Room Access Log; and 9. Tum-over the Evidence Room Access Log to the next officer on duty. or © Custody and Disposition of Confiscated, Seized, Abandoned and/or Surrendered Evidence. The Palawan Council for Sustainable Development shall take charge and have custody of the evidence, equipment and conveyances confiscated, seized, abandoned, and/or surrendered, for purposes of proper PCSD Resolution No. 22-847, September 29, 2022 Page 9 of 21safekeeping, presentation in the court by virtue of a lawful order, and its proper disposition, in the following manner: 1. The apprehending team of the Wildlife Enforcement Section shall have initial custody and control of the evidence, equipment, and conveyance immediately after seizure and confiscation, 2. In the same manner, pieces of evidence seized/apprehended by the Wildlife Trafficking Monitoring Units stationed at the Seaports and Airports or tumed- over at the District Management Offices shall be under the initial custody and control of the assigned Wildlife Trafficking Monitoring Officer or District Management Officer, as the case may be. 3. After containing the area where the violation took place or where the pieces of evidence were found, the duly designated Enforcement Officer of the apprehending team shall conduct a physical inventory of the pieces of evidence, equipment and conveyance found therein and proceed to the proper marking/tagging of the same, The same marks/tag shall be reflected in the Receipt of Seized Items issued. Photographs and as much as possible, videos showing the actual commission of illegal acts and the whole operation shall be taken, The area where the illegal acts were committed must also be properly documented, clearly showing the items seized and the violators. A photo of the violators situated next to the items seized shall also be taken. The photos and videos shall be taken using the official/office-issued camera phone or camera unit. The evidence seized/confiscated must be photographed at different angles. 4. A Receipt of Seized Items shall be issued by the designated apprehending officer, signed by him and another team member and witnessed by officers of another law enforcement agency or local government official in case of joint operations. If the operation is conducted by the PCSD Wildlife Enforcement Team alone, the other members of the apprehending team shall sign as witnesses thereto. The owner of the evidence, equipment or conveyance seized or confiscated or the person in possession thereof shall be asked to sign the receipt on the part provided. In the event that the owner or possessor refuses to sign, such fact shall be stated below his name. 5. Within 24 hours after the seizure/confiscation of the evidence, equipment and conveyances, the same shall be immediately tumed-over to the Evidence Custodian of the PCSD at the PCSD main office, if practicable. In case the evidence, equipment and conveyances found cannot be brought at the PCSD main office for justifiable reasons such as when the vehicle used in the operation can no longer carry the same, the custody thereof shall be temporarily transferred to partner government agencies or the Barangay Officials having jurisdiction over the area where they were seized/confiscated. In the temporary and permanent transfer of custody of the evidence seized, the designated Wildlife Enforcement Officer shall properly document the transfer PCSD Resolution No. 22-847, September 29, 2022 Page 10 of 21of custody using the Evidence Control Form. The agencies having custody of the evidence shall sign the said form as proof thereof. In no way shall the scized/confiscated items be temporarily tumed-over to the custody of persons involved in the commission of illegal acts in violation of environmental laws enforced. 6. For pieces of evidence relevant to cases violating laws and issuances where the mandate to implement the same is primarily vested to another agency, they shall be tumed-over to the nearest office of that particular government agency. 7. The proper Turn-Over Receipt of Seized Items stating in detail the names of the apprehending officers and the person to whom the evidence, equipment, or conveyance was turmed-over shall be issued. The document shall also reflect the time and date when the custody was transferred. This shall be applicable to Items 3 and 4 above and shall be produced in the following manner: Copy 1. Copy given to the Evidence Custodian. Copy 2&3. File Copy and for the Office of the Prosecutor/Court to be included on the case file. Copy4. Copy given to the Barangay Official or the duly authorized Evidence Custodian of other government agencies. 8. Upon arrival at the PCSD main office, the evidence, equipment, or conveyance seized/confiscated shall be immediately tumed-over to the Evidence Custodian. A Tum-Over Receipt of Seized Items shall also be signed by the Evidence Custodian evidencing the transfer of the evidence, equipment, or conveyance to his/her custody from the apprehending officers. The Evidence Control Form shall also be tumed-over to the Evidence Custodian and the same shall form part of the records of the case where the evidence, equipment, or conveyance relates to. 9. In the same manner, a Turn-Over Receipt of Seized Items shall also be given to Wildlife Trafficking Monitoring Officers, District Management Officers, and authorized representatives of law enforcement agencies or other government agencies who will tu-over any evidence to the PCSD. 10. Before the issuance of a Turn-Over Receipt of Seized Items in the preceding items, a physical inventory of the items shall first be conducted by the apprehending/seizing officer in the presence of the Barangay Official, authorized representative of another government agency, or the PCSD Evidence Custodian, as the case may be. 11. After the inventory and proper documentation of the Evidence Custodian, the evidence, equipment, or conveyance seized or confiscated shall be transferred to the Evidence Facility located in Barangay Irawan, Puerto Princesa City. PCSD Resolution No. 22-847, September 29, 2022 Page 11 of 2112. In case the evidence being stored in the evidence facility is requested to be presented in court by virtue of a lawful order, the specifications of the evidence to be presented, the time, date, purpose and the person in custody thereof shall be properly recorded in the Evidence Custody Book and Evidence Access Log. 13. For evidence forfeited in favor of the government, as well as pieces of evidence the nature of which requires that the same be disposed of immediately, shall be disposed in accordance with the rules on disposition of evidence provided in Republic Act No. 9147, PCSD Administrative Order No. 12, as amended, other PCSD issuances for that purpose and the Rules of Court. 14. The disposition measures conducted shall be properly documented and shall be attached in a Report prepared and duly signed by the Evidence Custodian and the assisting Wildlife Enforcement Officers who shall serve as witnesses. 15. The Report on the disposition of evidence shall form part of the records of the case where the evidence are related. 4.1.6 - Storage of Evidence Entry of persons to the evidence storage areas must be controlled to ensure the evidentiary value of the items and to prevent the alteration, removal, theft, destruction, or the commission of other activities that might compromise the material. In view thereof, the following Evidence Storage Facility Guidelines is established and must be strictly complied with: a. Evidence storage facilities must only contain evidence. b. Access to the facility must be limited to authorized evidence custodians. ¢. The PCSD Evidence Room Access Log will be maintained for recording the Purpose of entering the facility, date, time and name of custodian entering the facility. d. Prior to moving evidence to the evidence storage facility, the evidence custodian shall place evidence in a designated area which shall serve as a temporary holding facility before the evidence is stored inside the evidence room. e. The PCSD Evidence Room Access Log should be available and maintained by the security officer on schedule. f. For substances obtained as evidence which will be made subject of laboratory testing for identification and verification, the evidence custodian shall document transfer of evidence to main facility or crime lab. g. The disposition of evidence or property shall be reflected in a Report in the manner stated above. PCSD Resolution No, 22-847, September 29, 2022 Page 12 of 214.1.7 - Impounded Property Impounded properties shall include motor vehicles of any kind and marine vessels which are used in connection of the commission of an illegal act, in violation of the Environmental Laws enforced by the PCSD. When an officer impounds or seizes personal property or vehicles, a complete inventory must be made thereof, including the items found therein. A Receipt of Seized Items shil be issued therefor which shall be signed by the owner/possessor. For property stored at an impound yard or other location, the storage area should be documented on the form and reflected in the Report, Receipt of Seized Items and PCSD Evidence Log Book. For the release of impounded property to the owner thereof by virtue of a lawful court order, the Turn-Over Receipt of Seized Items and Release Form shall be issued by the Evidence Custodian and signed by the owner thereof. 4.1.8 - arms a. All firearms must be inspected and unloaded immediately. b. Ifammunition is recovered, the ammunition should be placed in a secure bag or box fitting the size of the ammunition and attached to the weapon, if practical. If not, the ammunition may be stored separately with its own evidence tag affixed to the container. ¢. All firearms must have the serial number recorded on the evidence tag. If the serial number is not provided on the weapon, the officer must inscribe the officer's initials and case number on the weapon. This inscription must be done in an area that would not deface the item. d. All serial-numbered weapons that come within the control of PCSD must be turned over to the PCSD Evidence Custodian. When a firearm has been determined as stolen, lost, or recovered, the PCSD Evidence Custodian shall notify the Firearms and Explosives Division of the Philippine National Police and PCSD Legal Division. 4.1.9 - Bodily Fluid The taking of bodily fluids for evidence samples requires a court order unless the individual voluntarily consents. Bodily fluids require special handling and must be obtained at a facility certified to take and preserve the samples. Law enforcement personnel still have the responsibility to ensure the samples are properly transported to the laboratory where the analysis would be performed. 4.1.10 - Liquid Containers a. Non-resealable Containers. If an open can or non-resealable bottle containing a liquid is to be booked into evidence, the investigating officer shall empty the contents into an evidence bottle. Sign an evidence seal and place it over the edge PCSD Resolution No. 22-847, September 29, 2022 Page 13 of 21of the evidence bottle. Tape the empty container to the evidence bottle, attach a completed evidence tag, and file the evidence in the evidence locker. b. Resealable Containers. If the container has been opened, but has a screw top or cork, it is not necessary to pour the contents into an evidence bottle. The officer should affix an evidence seal across the top of the container, complete an evidence tag, and file the evidence in the evidence locker. 4.1.11 - Photographic, Video and Audio Evidence and the PCSD Photographie Log Photographie Log: A photographic log is a form stating in detail the contents of photographic evidence taken during an operation. The Photographic Evidence (PE) shall be numbered accordingly and their contents described in the portion of the log for that purpose. Photo, Video, and Audio Database- a database shall be maintained by the PCSD Legal Services Section/Division where the film and digital photos, videos and audio recordings relevant to the operations conducted by the Enforcement Section, the District Management Divisions, and the cases handled by the Legal Services will be kept. The film and digital photos, video, and audio evidence shall be taken using the official/office-issued film, digital or camera phones and audio recorder. a. Film photography. A photo log must be kept to show what photographs are present on the roll. The photo log becomes a part of the Post-Operation Report. When the roll of film is exhausted, secure the film as evidence until such time it is submitted for processing. Use a different roll of film for separate crime scenes or investigations. Ensure the negatives are properly stored as evidence. b. Digital photography. A photo log must be kept to show what digital images were taken. The photo log becomes a part of the Post-Operation Report. As soon as possible, digital images should be downloaded from the camera or media card to a non-rewriteable storage media for storage as evidence. No images shall be deleted from the camera or media card until the digital images have been properly downloaded. The Enforcement Officer shall reformat the media card before taking new digital images to ensure all old images have been erased. Use a reformatted media card for separate crime scenes or investigations. ¢. Video. Ensure the original video media is properly documented and secured as evidence. 4. Audio. Ensure the original audio recording is properly documented and secured as evidence. 4.1.12 - Perishable Evidence Perishable items, such as trees, plants, mushrooms, or food products, should be photographed. In case of wildlife species that needs to be identified, a representative sample of the same shall be taken and the remaining property shall be disposed of according to the guidelines established by law and PCSD policy. The disposition of the PCSD Resolution No. 22-847, September 29, 2022 Page 14 of 21evidence shall be properly documented in the Report. Photographs and/or videos evidencing the same shall also be taken, Fish species seized/confiscated which are still fit for human consumption shall be donated to beneficiaries which will be determined by the PCSD Executive Director, pursuant to the authority given to him by the Couneil by virtue of PCSD Council Resolution No. 20-742. 4.1.13 - Evidence Subject to Tainting Evidence such as green marijuana, green plants, or blood-soaked clothing should be thoroughly dried prior to storage. Under no circumstances should items be placed into storage while they are still damp. If it is necessary to package the item, it should be done in a paper or burlap sack so the air exchange continues to dry and preserve the item and prevent mildew. For suspected dangerous drugs that may be included in the seized/confiscated items, the same shall be properly marked as stated above and included in the list of items in the Receipt of Seized Items. After proper documentation, the same shall be tumed-over to the proper government agency which shall also be properly documented. Officers should take particular care to separate soiled items from other items of evidence in an effort to avoid cross-contamination. Cross-contamination may destroy the value of the evidence. 4.1.14 - Knives, Needles, Razors, and Other Sharp Instruments Protect all sharp-bladed objects by ensuring the blade is sealed in a manner that would prevent cutting. In the case of hypodermic needles, a small cork or pencil eraser should be stuck on the end of the needle to prevent an accidental puncture wound. Itis suggested that stiff pieces of cardboard be cut larger than the knife blade and then taped around the blade so that the cardboard protects not only the cutting edge but the knife point. Then affix the evidence tag to the handle of the knife. In the event that itis not practical to tape the cutting or puncturing surface of the object secured, place it in a box in a manner which prevents the item from being damaged and keeps the sharp point or edge from coming through the box. 4.1.15 - Toxic, Flammable, and Hazardous Materials Under no circumstances must dangerous chemicals or hazardous flammable materials be brought inside government office buildings other than in normal consumer quantities, for example cigarette lighters, nail polish remover, and matches. To prevent an accident, they should be stored in an area away from the office. PCSD personnel should not handle hazardous chemicals. Notify and coordinate with cooperating agency hazardous materials specialists for assistance with handling and storage of toxic, flammable, and hazardous materials while maintaining the chain of custody. 4.1.16 - Chainsaws PCSD Resolution No. 22-847, September 29, 2022 Page 15 of 21a. Officers shall seize chainsaws in accordance with PCSD policy and applicable laws. 'b. Officers shall clearly mark/tag the evidence in the manner stated above; €. The serial number of the chainsaw, if there is any, shall be clearly marked on the evidence tag and the said mark shall be reflected in the Receipt of Seized Items and other forms, the Evidence Control Log and other pertinent documents related thereto. d._ Ifthe serial number and metal seal of the chainsaw is obliterated or removed, clearly mark/tag the chainsaw with the Reference Number plus the unique mark designated therefor. The fact of obliteration, tampering or removal of the Serial Number and the Metal Seal shall be stated in the Receipt of Seized Items. ¢. It is the responsibility of the enforcement officer to drain and purge fuel and oil from the chainsaw prior to bringing it to the evidence facility. The Officer shall fill out and sign the PCSD Eviden: ility Drain_and Purge statement, evidence custodian shall not accept chainsaws into the evidence facility without the drain and purge statement, 4.1.17 - Latent Fingerprints, Finger Print and Mugshot Latent Fingerprints a. Package all items that are to be processed for latent finger prints or other similar prints in a manner that protects them. The area to be printed should not come in contact with any other surfaces. The use of gloves, cloth, or soft material to examine the items may cause damage to the latent prints. Since latent prints dissipate with age and exposure to heat, examine latent print evidence in a timely manner. Identify all evidence submitted with a request for latent print examination by properly tagging the item with a request for examination, such as "Hold for Printing." b. If latent prints are recovered by officers in the field, a latent print card should be filled out, A 3-inch x 5-inch index card may be used. At a minimum, the initials of the officer, date, case number, and exhibit number must be recorded on the card. ‘The completed card should then be placed in an envelope, sealed, and secured for comparison. ©. Ifa fingerprint comparison is necessary, obtain a latent fingerprint comparison sample and submit the evidence to an appropriate crime lab. Finger Print and Mugshot During Inquest Proceedings where the persons apprehended are brought under the custody of the PCSD Wildlife Enforcement Team, his/her ink fingerprint shall be generated. His/her fingers shall be first cleaned with alcohol to remove any sweat and dried thoroughly. The fingertips shall be rolled in ink to cover the entire PCSD Resolution No. 22-847, September 29, 2022 Page 16 of 21fingerprint area then each finger is rolled onto the form provided from fingernail to the other. To have photographic record of the apprehension of violators, a mugshot of the latter shall be taken, The person apprehended shall be asked to hold a card containing his Name, Administrative Order violated, and the Date and Time when he was taken into custody. In cases where the identity of the person/s apprehended are denied to the Enforcement Officers or cannot be verified, the Reference Number assigned to the operation where they were apprehended shall be written in place of his/her name. A mugshot and the fingerprints of the violator shalll be filed at the PCSD main office and shall form part of the records of the case. 4.1.18 - Fraudulent Documents a. Fraudulent documents may be in the form of personalized checks, cashier checks, warrants, documents with forged signatures, or government credit card records. Those items may be placed in a small, clear plastic bag, such as a baggie, with an evidence tag affixed. The evidence should be submitted in the same manner as all other forms of evidence. b. Do not attach fraudulent document evidence to reports placed in the case file. c. In the event fraudulent documents are submitted for latent print processing, they must be appropriately marked and brought to the attention of the case prosecutor. 4.1.19 - Currency a. Philippines Currency. Philippines currency (PHC) should be seized and documented as one item (for example: If P 264,650 was found in a glove box of a car, it should be documented as; Item 1 - P264,650). Officers shall record serial ‘numbers of each bill seized or controlled. Any seized PHC should be witnessed by another law enforcement officer. Large amounts of currency should be counted by a bank money machine. Any PHC subject to criminal or civil forfeiture should be converted into a cashier's check (or money order) by bank personnel prior to delivering to the PCSD Legal Services Section. If there is a charge for the cashier's check or money order, it shall be paid for out of separate funds, not the seized PHC. b. Foreign Currency. Whenever a foreign currency is taken as evidence, it is not necessary to list the total sum of the denominations, Mark the items in a manner as to identify the property at a future date, cach item should be counted, and the sum of the total items submitted should be noted on the evidence tag and in the officer's report. In some cases, it may be necessary to describe the individual items. ¢. Counterfeit Currency. When securing counterfeit bills, record serial numbers of each bill seized or controlled and place the bills in an envelope marked “Counterfeit” with an evidence tag attached. Notify the PCSD Legal Services Section of suspected counterfeit offenses. Ensure that the date, time, and person PCSD Resolution No. 22-847, September 29, 2022 Page 17 of 21talked to at the PCSD Legal Services Section is recorded on the envelope containing the suspected counterfeit currency. d. Buy Bust Operation. For bills used during official buy bust operations conducted by the Enforcement Team, the Serial Numbers of the bills shall be inspected and duly recorded by the evidence custodian. Such record shall for part of the case. 4.2 - Disposition of Property 4.2.1 - Non-Evidence ‘Non-evidence items shall be disposed of in accordance with relevant laws and PCSD issuances. 4.2.2 - Evidence Items which are considered as evidence shall be stored in the Evidence Room or within the premises of the Evidence Facility during the pendency of the case and may only be removed therefrom upon a lawful order of the court for its presentation or release, ot for disposition after the same is forfeited in favor of the government. The presentation in court, release and disposition thereof shall be properly documented by the Evidence Custodian and witnessed by the assisting Wildlife Enforcement Officer. 4.2.3 - Disposal of Unclaimed Property Disposition of unclaimed property shall be made in accordance with the law and the relevant laws, policies and issuances promulgated by the PCSD and the relevant Commission on Audit (COA) Rules. 5. EVIDENCE FACILITY 5.1 Purpose of Evidence Facility. a. The evidence facility is designed to provide a temporary space for evidence storage. The recovered/stored evidence shall be kept in the evidence facility until submitted directly to the court through the concerned prosecutor. b. The following pieces of evidence are not allowed inside the evidence facility: biochemical hazard, nuclear and radiological materials, weapons of mass destruction, combustibles, perishable items and articles susceptible to decomposition which are not properly packaged, stored, or refrigerated. 5.2 Maintenance of Evidence Facility. ‘The evidence facility shall be maintained as follows: a. It shall be secured with manual or digital locks which are under the control and supervision of the Evidence Custodian. The other key or password, as the case may be, shall be given to the PCSD Legal Services Section Chief Attomey; PCSD Resolution No. 22-847, September 29, 2022 Page 18 of 21b. Refrigerated storage shall have a controlled temperature free from power interruption; c. It shall have an organized stacking and placement of evidence to allow optimal access; . It shall observe high level of safety measures for the benefit of the Evidence Custodian against any dangers/hazards that might be inherent in the evidence kept inside the evidence facility. e. A specific area in which evidence can be prepared, marked, and logged for storage. This area shall have a table, chair, lighting, scales, applicable forms, packaging materials, gloves, evidence tags, containers, etc. These shall be regularly maintained, replenished and inventoried. £. The preparation area shall have a copy of the PCSD evidence policy available for reference. 5.3 Lack of Evidence Facility a. Inthe absence of an Evidence Facility or sufficient space, the PCSD Legal Services Section or concerned prosecutor shall coordinate with the law enforcers to temporarily retain possession of the evidence that cannot be stored due to its nature, size, sensitivity or the lawful custody of which belongs to the appropriate government agency, for safekeeping and storage purposes. b. The aforesaid evidence shall be subject to the existing rules of the appropriate agency for proper disposition. 6. EVIDENCE CUSTODIAN 6.1 Duties and Responsibilities ‘The Evidence Custodian shall have the following duties and functions: a b. Keep the key to the Evidence Facility which shall not be duplicated; Restrict access inside the Evidence Facility for security purposes; Maintain the Evidence Room Log and any evidence database containing the inventory of the evidence; Receive and release evidence from the Evidence Facility upon presentation of the pertinent documents and accordingly, record them in the Evidence Room Log and any evidence database; PCSD Resolution No. 22-847, September 29, 2022 Page 19 of 21. Maintain the proper storage of the evidence to preserve its integrity, i. the temperature of the evidence facility is checked, the evidence containers are properly sealed and marked, ete.; f. Comply with court processes, including but not limited to testifying in court; g. Make the necessary arrangements/measures to secure the evidence facility from theft, loss, or contamination, infestation, among others; h, Conduct a quarterly inventory of property and evidence to ensure the safeguarding and accurate accounting of all items currently stored and submit the same, including his/her evaluation and/or recommendation of the status of the evidence stored in the evidence facility to the PCSD Legal Services Section; i. Schedule one audit per year to be completed by the PCSD Legal Services Section; j. Maintain a clean and orderly evidence facility; k. Maintain a system in which evidence can be located and retrieved quickly; |. Ensure that the pieces of evidence in evidence facility are properly stored and accounted for; m, Dispose the items without evidentiary value in accordance with existing laws and PCSD issuances; n. Perform such other functions as may be necessary and directed by the PCSD Legal Services Section; 0. For pieces of evidence turned-over by other government agencies, the PCSD Evidence custodian shall have the right to refuse acceptance thereof absent all the documents necessary for the turn-over of the custody thereof, 6.2 Assistant Evidence Custodian a. In the absence or unavailability of the Evidence Custodian, the Assistant Evidence Custodian, who must be a permanent staff of the PCSD, shall perform the duties and functions of the Evidence Custodian. The Assistant Evidence Custodian shall be identified by the PCSD Legal Services Section, 6.3 Liability of the Evidence Custodian, Enforcement Officer, other PCSD personnel and third parties. Any violation of the PCSD Evidence Procedure Policy committed by the Evidence Custodian, Enforcement Officer and other PCSD personnel shall be made subject of a sanction to be imposed by the PCSD Adjudication Board, through the Executive Director. Administrative case/s shall also be filed, if necessary. PCSD Resolution No. 22-847, September 29, 2022 Page 20 of 21For third persons, violation of the Evidence Procedure Policy shall result to the filing of appropriate action. 7, MISCELLANEOUS PROVISIONS 7.1, Inspection of the PCSD Evidence Facility The Section Chief of the PCSDS-Legal Services Section is authorized to conduct inspection of the Evidence Facility based on the schedule to be implemented. Likewise, ‘the Section Chief is also authorized to conduct random visits in the Evidence Facility. The inspection conducted shall be properly documented. 7.2. Inventory Biannual inventory of the PCSD Evidence Facility shall be conducted to determine the status of the evidence stored within the facility. The schedule of the inventory shall be provided after determination thereof. In addition, an inventory shall be conducted in case of the following: a. There is a breach of system integrity; There is a change in the designated PCSD Evidence Custodian; or cc. There is a change in leadership within the Legal Services Section and/or the Executive Director 7.3 Annual Review of the PCSD Evidence Procedure Policy ‘The PCSD Evidence Procedure Policy shall be made subject of an annual review by the Legal Services Section and the Wildlife Enforcement Section of the Palawan Council for Sustainable Development Staff. APPROVED AND ADOPTED this 29" day of September 2022 at Puerto Princesa City. Thereby certify that the above-quoted resolution has been duly adopted and approved by the PCSD during its regular meeting held on the 29" day of September 2022 at Puerto Princesa City, Palawan, NIN C. ESTOYA, MNSA. Secretary ATTESTED BY: We VICTORINO DENNIS y SOCRATES ie Chait PCSD Resolution No, 22-847, September 29, 2022 Page 21 of 21