NARRATIVE REPORT/ MINUITES OF THE SEMINAR-WORKSHOP ON

ENVIRONMENTAL LAW ENFORCEMENT HELD AT

BAYVIEW PARK HOTEL, MANILA CITY
ON FEBRUARY 14-17, 2012

The Seminar-Workshop on Environmental Law Enforcement was designed to equip with

dexterity the EMB Directors and technical personnel in handling cases relative to the
implementation and enforcement of environmental laws.

Day 1.

The seminar proper started with a popular praise song followed by the singing of the
national anthem. A heart-warming welcome remarks was delivered by Atty. Juan Miguel
Cuna the EMB Central Office Director. In his message Dir. Cuna stressed that the DENR
has always been on top of the line in the implementation of environmental laws and we
have not run short of our Education and information campaign but we lack the legal
assistance in the implementation esp. in the provinces/regions.

USEC Adobo whose message was delivered by his staff Engr. Roberto Aguda, remarkably
declared that we have sufficient laws to effectively implement our mandates, yet we still
experience environmental degradation. Environmental abusers are laughing at our back, he
said. We are yet to reach the point where DENR cracks down environmental abusers. Cases
have been filed but due to technicalities encountered some DENR officials are
discouragingly counter charged and are made to spend for legal assistance from their own
pockets

After the recognition of the participants, Dir. Roberto D. Sheen stated the objectives of the
seminar.

On the first day the participants were divided into four (4) groups for proper recognition of
identical issues. Regrouping were as follows:

Group 1. CAR, Regions 1-3- Luzon A

Group II. NCR, Region IV A & B and Region 5- Southern Luzon
Group III.Regions 6-8- Visayas
Goup IV Regions 9-13 & ARMM Mindanao
Upon instruction of Atty. Ronely Sheen one of the trainors, the groups used metacards to
write their expectations on the training content, process to be used, the resource
speakers/facilitators and to their co-participants. Output of participants was processed by
Atty. Ronely Sheen.

In the second activity during the morning session, the four groups were requested to make
as assessment on the State of Philippine Environmental Law Enforcement. The groups
presented their outputs.

In the afternoon, the groups identified some problem areas in the enforcement of EEIS,RA
9003, RA 8749, RA 1586, RA 6969 and RA9275. For every problem areas identified, the
groups also stated the initial Action Taken by their regions

Issues/ Comments Raised:

Issues and Concern Raised by Resolutions Comments
Day 1.

Law enforcement is Group IV/

not enough there is a Mindanao Group
need to review
existing policies in
the implementation of
laws
Tire pyrolysis Central and Central Office shld help
Northern Luzon us in the legal case for
Grp tire pyrolysis. The
proponent filed civil case
for damages in RTC
Legal basis for ERF Luzon A grp
as operating funds
shld be established

-Grounds for Luzon A grp

issuance of CDO- -no
definition of grave Luzon A. Grp
and irreparable
damage
-small and medium
enterprises can not
afford penalty of
P10,000.00 (example:
rice mill)
Chevalier Case Luzon A.-EMB- The wastes It was a result of good
 NCR were already coordination between
treated and two regions.
disposed off in
a landfill
Notice to sue Visayas Grp AD Gonzales: Policies
that would address
policies with gaps in
implementation for
example, Issue on Notice
to Sue, have
apprehensions, no
regional officers of DENR
would do this for reason
that it will create
negative reactions from
Local Government
Enforcers. We’ll try to let
the commission work on
this aspects. We’ll stay
during the workshop so
we can identify policies
that need to be address
at EMB, may draft
guidelines but we need a
lot of legal help- for
example, funds, admin
istrative matters, we’ll
work on it in succeeding
ManCons.
200meters distance of R-10 200 m distance shld be
landfills from private counted from the
areas perimeter of the
bufferzone owned by a
private owner
ECC on landfill-Shld R-10 Laws shld be AD Gonzales- on
we count the buffer liberally prescriptions, guidelines
zone construed, and limitations- really
enforcement is very general, not
difficult absolute, no ideal
location, we’ll always be
constrained by
something else- but can
be implemented by
appropriate design,
 ordinances (mitigating
measures) operational
design

Sanitary Landfill: Mindanao Grp AD Gonzales: Sanitary

Brgy. Constructed a landfill with the correct
school building design and operation is
proximate to the safe; you can still have
landfill, now the the option to close
school and residents landfill but explore
want to remove possibilities that it is not
landfill a threat

Wastes allegedly Region 1, RD Joel AD Gonzales: For solid

residual, damped in Salvador wastes it is not only RA
Region 1 by hauler of 9003 that can be
waste contractor of applied, you can use
the city of Baguio other laws like CWA, EIA

On RA 9003 –If work

of EMB is only AD Gonzales: EMB is the
secretariat, who will Mindanao Grp Secretariat, Ecology
check others. Power Center has specified
was not given to DILG functions, and the DENR
including EMB- but does
it provide the full powers
of enforcement- or does
it require confirmation
by the Commission? I’d
say it has to be
submitted to the
commission for
affirmation.Board is
recommendatory body,
only Congress directly
conferred DENR the
power to enforce the
 entire law.
Actual enforcement of DC from Atty. Rose: by virtue of
RA 9003 Mindanao EO 192 (1997), EMB has
become a line bureau
has employed its own
personnel so EMB shall
enforce RA 9003
RA 9003 of 2005 was not
yet crafted when EO 192
(1997) was issued
Atty from BUT WAS there an issue
Mindanao Grp that in 2005 EMB is a
secretariat on solid
waste management. I
Atty Rose of think the principle of
EMB-NCR Lecturer: delegated authority
Authority to applies.
construct or to But there is no clear
close, EMB has delegation of authority
a designated There is an implied
national solid authority because we are
waste already exercising the
DC from management authority.
Mindanao focal person-
issuances are
drafted by the
Legal from EMB, signed
Mindanao by the RED
being the alter
ego of the
Secretary
Day 2.
Depends on the situation
EMB issues ECC but Visayas on the imminent danger-
MGB issues mining if to invoke CWA-EMB
permit, who has the has primary jurisdiction
primary jurisdiction to implement
on mining
MGB has jurisdiction LuZON A.-RD EPEP pertains
in mining Allan Eleuterio only to funds
EMB on ECC: MOU not to
was entered bet MGB environmental
and EMB on management
penalties, can we also
use MOU for EPEP
Medical wastes being Luzon B grp You have to Substantial evidence if
left because waste show the case is administrative,
was not treated, is evidence. preponderance if civil,
there a case beyond reasonable doubt
if criminal

Necessity of PAB Luzon B Grp PAB resolution is not

resolution before needed, law already
filing a criminal case confers authority to
EMB
Regions have the
authority to determine
the violation but still
have to inform PAB
since only PAB can issue
resolution to file a
criminal case
Writ of kalikasan: -special civil action
Affects two or more -
provinces or cities ,
what if it is only one
municipality
Day 3.

Conduct of Arrest Paramount issue is the

Seizure and detention security of the
enforcement officer , not
only legal
Abandoned chemicals RD Sheen-EMB- Procedural Can we be provided with
in Caloocan City NCR Processes has a checklist of protocol
alleged to be to be on custodial authority
hazardous. Question undertaken. To
on custodial draft a list
authority would entail
another time
and another
forum. Atty. Ronely Sheen of
Tanggol- With due
respect to RD Sheen,
List of Protocol can not
be done overnight.
Day 2.
Topic: Enforcement options under the EEIS with mining act in relation to EEIS

Day 2

AM Session

1st Lecture: Enforcement Options under the EIA with the Mining Act in relation to the EIA
(Atty Genee)
2nd Lecture: Enforcement Options under the Clean Water Act (Atty Lolly)

- difference between law enforcement and implementation

- law enforcement: penal sanctions, elements of the law, prohibited acts
Take note of liabilities and options
all the elements of the offense are present
- you compel compliance or you impose the fine

Lecturer: clean air act and clean water act – there is criminal liability when there is gross
violation (defn: gross violation shall mean any of the following: 3 cases- 1) deliberate
discharge of toxic pollutants under RA 6969 in toxic amounts; 2) toxic amount defined
under CWA

-- Regions have authority only to determine the violation, but still have to inform the PAB –
since only PAB can issue resolution to file a criminal case

- but region can file necessary complaint for PAB to take action

Enforcement Options on the Clean Air Act (Atty Genee)

- annual national air status report

- integrated air quality framework
air quality control action plan
designation of non-attainment areas, airsheds
- air pollution techniques
- air pollution emission fees,
- DOST coordination
- issue permits and emission quotas, emission standards
- institute administrative action
- only 3 prohibited acts: Violation of Standards, Violation of Standards for Motor Vehicles
(DOTC)

Enforcement of the Marine Pollution Decree (Glenn Forbes)

- oil spill – primary responsibility of Coast Guard

Lecturer- In Marine Pollution only willful violations are penalized accidents are not
covered.

Environmental Rules of Court

- designation of 117 environmental courts (hears all cases involving environmmental cases)
– SC Admin Circular 2008-09
- promulgation by SC of the Rules of Procedure for Environmental Cases (2009 effectivity)
- objectives of the rules
- mandates: forest and protected areas, special civil cases, criminal cases
- precautionary principle consider implication in health and environment
- courts to monitor environmental cases
- salient features:
- liberalized standing - any real party-in-interest- govt, juridical entities, individuals
(duly registered) may file a case
- citizen’s suit –- payment of docket fees is deferred for citizen’s suit –
- allowed pleadings only (delaying tactics removed)
- continuous trial (not to exceed 3 mos), direct examination and deposition
- judicial affidavit—no examination required (affidavit serves as the testimony), but subject
to cross exam, re-direct, re-cross
- one year to decide the case

Writ of Kalikasan

- special civil action

- constitutional right to the environment is threatened by an unlawful act or violation (and

other criteria)

- affects two or more provinces or cities pano kung municipality? Pupuwede pa din? 
Writ of Kalikasan with prayer for issuance of TEPO (Baguio City)

- Boracay: barangay

Criminal Procedure

- Complaint-affidavit - sworn written statement in question and answer form, charging a

person with an offense, subscribed by the offended party, any peace officer or other public
officer charged with the enforcement of the environmental law violated

- peace officers can file case

- creation of defense fund where enforcers get financial support in case of suit cases

Day 3.

Topic 1. How to Conduct Arrest, Search, Seizure and Detention (Glenn Forbes)
- as soon as apprehension isconducted and the elements of the crime are present, then a
case can be filed
- be strict in gathering the necessary documents and follow criminal procedures
- establish basis for criminal procedure: without neglecting rights of the accused
- Purpose of the provision
All searches and seizures are unreasonable unless authorized by a judge through a warrant
of arrest or search
- Arrest – taking into custody of a person in order that he may be bound to answer for the
commission of an offense.
- general procedure: 1) by actual restraint; 2) by submission to the custody of the
person making the arrest no violence or unnecessary force shall be used (warning
shots prohibited);

- method of arrest – 1) by virtue of a warrant; 2) without a warrant (inform the person

of his authority to make the arrest) and in no way shld the Miranda Doctrine be
ignored.

- warrantless arrests:

1) when in the presence of the person making the arrest, the person to be
arrested

- who may make the arrest?

- police officers
- deputized individuals
- private persons
- NBI
- bailor
- sheriff/deputy sheriff
- provincial/city probation officer
- commissioner of LTO and his deputies
Duties of the arresting officer

- Bail in environmental cases

- peculiar in environmental cases: signing a written undertaking: promise to

appear in court, if accused does not appear in court, allows court to enter a
plea of not guilty on behalf of the accused and set the case for trial =trial in
absentia
- removes the delay brought about by absence of the accused
Searches
The total exclusionary rule
Items that may be confiscated or seized
What to do with confiscated items
- conduct an inventory
- take photographs of the items (with evidence tags)
 - issue receipt of inventoried items
- give copy of the inventory to the accused
- turn over to proper authority
- get turn-over receipt
Custody and Disposition
- in accordance with internal rules and regulation of concerned government
agency
- if no internal rules
- take photograph/document the items
- submit same to issuing court (where warrant was issued)
- submit same to prosecutor (if warrantless)
- move for auction of seized items, equipment and paraphernalia, tools or
instruments of the crime
- proceeds to be held in trust

Topic 2. Evidence Gathering & Rules on Evidence (Atty Arnie Rabe-Manuel)

Kinds of evidence
-object
-documentary
- testimonial

Documentary Evidence
- Best evidence rule
Testimonial Evidence