PART IV

RULES OF PROCEDURE FOR ENVIRONMENTAL CASES

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.

Offenses under the Revised Forestry Code (P.D. No. 705)

SECTION 77. Cutting, Gathering and/or collecting Timber, or Other Forest

Products Without License. – Any person who shall cut, gather, collect, remove timber or
other forest products from any forest land, or timber from alienable or disposable public
land, or from private land, without any authority, or possess timber or other forest
products without the legal documents as required under existing forest laws and
regulations, shall be punished with the penalties imposed under Articles 309 and 310 of
the Revised Penal Code: Provided, That in the case of partnerships, associations, or
corporations, the officers who ordered the cutting, gathering, collection or possession
shall be liable, and if such officers are aliens, they shall, in addition to the penalty, be
deported without further proceedings on the part of the Commission on Immigration and
Deportation.

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.

Section 77 punishes two distinct acts:

a. cutting, gathering, collecting, removing timber or other forest products from

any forest land, or timber from alienable or disposable public land, or from
private land, without any authority; and
b. the possession of timber or other forest products without the legal documents
as required under existing forest laws and regulations.

Defenses:

a) authorization issued by DENR.

b) none, because mere possession without the proper documents consummates
the crime (malum prohibitum). It is immaterial whether the cutting, gathering,
collecting and removal of forests is legal or not.
 DENR AO No. 59 Section 3 materially requires the transport of lumber be
accompanied by a certificate of lumber origin duly issued by the DENR-CENRO.

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.

In the second offense, possession includes actual and constructive.

Good faith is not a defense. It is immaterial whether or not the offender

himself or another person owns the subject pieces of lumber.

2) Violation of Section 68 of PD 705 is punished as qualified theft

Refers to Articles 309 and 310 of the RPC for the penalties to be imposed.

Offenses under the Mining Act (RA 7942)

Illegally-sourced minerals/mineral products are those which are mined, extracted,

removed and/or disposed of without authority or permit under existing mining laws, rules
and regulations.

The transport of all minerals/mineral products and by-products, including gold

bullions without the corresponding permit documents e.g. ore transport permits, shall be
considered prima facie evidence of illegal mining and as a basis for the filing of a
complaint for theft of minerals.

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)

Prohibitions under the Fisheries Code (RA No. 8550)

Among the prohibited acts are the following:

Poaching in Philippine waters

Fishing through explosives, noxious or poisonous substances and/or electricity
Use of fine mesh net
Use of active gear in municipal waters and other fishery management areas
Ban coral exploitation and exportation
Conversion of mangroves
 Fishing in overfished areas during closed season
Fishing in fishery reserves, refuge and sanctuaries

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.

Prosecution for Multiple Violations

Section 3 (e) of the ROC, duplicity of offense in a single information is a ground

to the quash the information. The Rules prohibit the filing of such Information to avoid
confusing the accused in preparing his defense.

COMPARATIVE ANALYSIS of Philippine Water Code (PD 1067), Anti-Pollution

Law (PD 984), Philippines Mining Act (RA 7942) and Article 365 of RPC

Philippine Water Code (PD 1067):

One can be validly prosecuted for violating the Water Code even in the absence
of actual pollution.

Anti-Pollution Law (PD 984)

It must be proven that there exists an actual pollution.

Philippines Mining Act (RA 7942)

It must be proven that there is a willful violation and gross neglect to abide the
terms and conditions of the Environmental Compliance Certificate.

Article 365 of RPC

It must be proven that there is a lack of necessary or adequate precaution,

negligence, recklessness and imprudence to prevent damage to property.

Section 2. Filing of the information. - An information, charging a person with a

violation of an environmental law and subscribed by the prosecutor, shall be filed with
the court.
How criminal action is initiated:

Filing of information charging a person with violation of en environmental law and

subscribed by the prosecutor.

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.

Once information is filed in 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.

Section 3. Special prosecutor. - In criminal cases, where there is no private offended

party, a counsel whose services are offered by any person or organization may be
allowed by the court as special prosecutor, with the consent of and subject to the control
and supervision of the public prosecutor.

a. Intervention of a special prosecutor

This encourages the participation of the public in criminal litigation by

permitting the appearance of a special prosecutor.

Applies to “victimless offenses” where there is no private offended party

who has a direct or material interest to prosecute a criminal action.

Public interest environmental litigation.

RULE 10
PROSECUTION OF CIVIL ACTION

Section 1. Institution of criminal and civil actions. - When a criminal action is

instituted, the civil action for the recovery of civil liability arising from the offense
charged, shall be deemed instituted with the criminal action unless the complainant
waives the civil action, reserves the right to institute it separately or institutes the civil
action prior to the criminal 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:

a. Waived by the complainant

b. Reserved right to institute a separate action
c. Instituted prior to the criminal action.

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.

c. Rule on the award of damages (par. 3)

RULE 11
ARREST

Section 1. Arrest without warrant; when lawful. - A peace officer or an individual

deputized by the proper government agency may, without a warrant, arrest a person:

(a) When, in his presence, the person to be arrested has committed, is actually
committing or is attempting to commit an offense; or

(b) When an offense has just been committed, and he has probable cause to
believe based on personal knowledge of facts or circumstances that the person
to be arrested has committed it.

Individuals deputized by the proper government agency who are enforcing

environmental laws shall enjoy the presumption of regularity under Section 3(m),
 Rule 131 of the Rules of Court when effecting arrests for violations of
environmental laws.

a. Arrest, how made

Taking of a person in custody in order that he may be bound to answer for the of
an offense.

How made:

a. Actual constraint of a person to be arrested;

b. Submission to the custody of the person making the arrest.

Person arrested without a warrant shall be delivered to the nearest police station
or jail without unnecessary delay.

b. Arrests and institution of criminal actions under the Revised Forestry

Code

Section 89. Arrest; Institution of criminal actions.

A forest officer or employee of the Bureau shall arrest even without

warrant any person who has committed or is committing in his presence any of
the offenses defined in this Chapter. He shall also seize and confiscate, in favor of
the Government, the tools and equipment used in committing the offense, and the forest
products cut, gathered or taken by the offender in the process of committing the
offense. The arresting forest officer or employee shall thereafter deliver within six (6)
hours from the time of arrest and seizure, the offender and the confiscated forest
products, tools and equipment to, and file the proper complaint with, the appropriate
official designated by law to conduct preliminary investigations and file
information in court.

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.

If there is prima facie evidence to support the complaint or report, the

investigating forest officer shall file the necessary complaint with the appropriate
official authorized by law to conduct a preliminary investigation of criminal cases
and file information in Court.

Private individual is not precluded from filing a complaint before any

qualified officer for violation of Section 68 (77) of P.D 705, as amended.

1) A forest officer cannot conduct preliminary investigation

He should file the proper complaint with the appropriate official designated by
law to conduct PI.

c. Arrests and confiscation under the Philippines Mining Act

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.

d. Warrantless search and seizure of fishing vessels

This is an exception to the constitutional requirement of a search warrant.

Rationale: Vessel can be quickly moved out of the locality or jurisdiction.

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.