Environmental Law and Rules of Procedure

8/10/2019 Environmental Law and Rules of Procedure

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K-1

ENVIRONMENTAL LAW AND PROCEDURAL RULESAntonio 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 managementof the environment and its natural resources. Major Philippine environmentallaws can e divided into three categories, viz: !hose that primaril" deal with#

1$ the regulation of exploitation, utilization and development of naturalresources%

&$ 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. 10, Executive rder )o. &**, and epulic 2ct )o. *131%&$ ep. 2ct )o. 4+, Philippine isheries /ode%'$ ep. 2ct )o. *+*3, People5s 6mall-6cale Mining 2ct% and7$ 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. 143, 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% and3$ ep. 2ct )o. 3030, !oxic 6ustances and :azardous 9aste 2ct.


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E);8)ME)!2< '$ prejudice to the environment without legal consideration of theenvironmental rights of those affected, although there is a lac@ of full scientificcertaint" in estalishing a causal lin@ thereto, the court shall appl" theprecautionar" principle in resolving the action to avoid or diminish that threat,ineDuit" or prejudice. !he enefit of an" dout shall e given to theconstitutional right of the people to a alanced and healthful ecolog".7

' d.7 d! ule &+, 6ecs. 1 and &.


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E);8)ME)!2< 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*$% and1&$ 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)sffenses 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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E);8)ME)!2< 6ec. 03$%11$ ;iolation of catch ceilings >6ec. 1+1$%1&$ 8llegal gathering and mar@eting of shell fishes >6ec. 1+' cF$%1'$ struction to navigation or flow and e of tide >6ec. 1+' dF$%17$ 8llegal construction and operation of fish traps, fish pens and fishcages >6ec. 1+' eF$% and1$ struction 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$%$ struction of permittees or contractors >6ec. 1+*$%3$ ;iolation of terms of Environmental /ompliance /ertificate >E//$ >6ec. 1+4$% and*$ struction 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 8ntegratedProtected 2reas 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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E);8)ME)!2< ep. 2ct )o. 0+*&$#

1$ Knowingl" destro"ing, disturing, defacing, marring, altering, removing,or harming the speleogem or speleothem of an" cave or altering thefree movement of an" animal or plant life into or out of an" cave%

&$ Bathering, collecting, possessing, consuming, selling, artering orexchanging or offering for sale without authorit" an" cave resource%and

'$ /ounseling, procuring, soliciting or emplo"ing an" other person tocommit an" of the aove acts.


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E);8)ME)!2< ep. 2ct )o. 4*70$ other than those administrativel" penalized under6ecs. 7 and 73 and those considered as gross violations under 6ec. 74thereof.

*.7 /riminal offenses punished under 6ecs. 74 and 70 of the

Ecological 6olid 9aste Management 2ct >ep. 2ct )o. 0++'$#

1$


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E);8)ME)!2< 7$ of the/hain 6aw 2ct >ep. 2ct )o. 01*$.


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E);8)ME)!2< 6ec. 1++$%*$ 2Duatic pollution >6ec. 1+&$% and4$ struction of defined migration paths >6ec. 1+$.

. Vio&ation of Minin! La)s/riminal offense of mines arson punished under 6ec. 1+ of thePhilippine 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$ ep. 2ct )o. 0+*&$#

1$ Knowingl" destro"ing, disturing, defacing, marring, altering,removing, or harming the speleogem or speleothem of an" cave oraltering the free movement of an" animal or plant life into or out ofan" cave%


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E);8)ME)!2< $ or more violations of the /lean 9ater 2ct within a period of two >&$ "ears% and7$ 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% and7$ 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" orindirectl", in the storage, importation, or ringing into Philippine territor",including its maritime economic zones, even in transit, either " means ofland, air or sea transportation, or otherwise @eeping in storage an" amountof hazardous and nuclear wastes in an" part of the Philippines, aspunished under 6ec. 1' of the !oxic 6ustances and :azardous 9aste

2ct >ep. 2ct )o. 3030$.


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E);8)ME)!2< $ da"s from date of seizure or, in case ofwarrantless arrest, sumit within five >$ da"s from date of seizure theinventor" report, compliance report, photographs, representative samplesand other pertinent documents to the pulic prosecutor for appropriateaction.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 thecrime. !he court shall, after hearing, fix the minimum id price ased onthe 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 fromwhom the items were seized, or the owner thereof and the concernedgovernment agenc". !he notice of auction shall e posted in threeconspicuous places in the cit" or municipalit" where the items, eDuipment,paraphernalia, tools or instruments of the crime were seized. !heproceeds shall e held in trust and deposited with the governmentdepositor" 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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da"s from the time it acDuires jurisdiction over the accused, with notice tothe pulic prosecutor and offended part" or concerned governmentagenc" that it will entertain plea-argaining on the date of the

arraignment.&1

-. Proed%re in P&ea8$ar!ainin!n the scheduled date of arraignment, the court shall consider plea

argaining arrangements. 9here the prosecution and offended part" orconcerned 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 civilliailit" for damages.&&

&+ d., 6ec. &.&1 d., ule 1, 6ec. 1.


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&& d., 6ec. &.E);8)ME)!2< '+$ da"s. 8t ma" refer the case to the ranch cler@ of court, ifwarranted, for a preliminar" conference to e set at least three >'$ da"sprior 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 theMinutes of Preliminar" /onference to e signed " the parties andcounsel%*$ !o mar@ the affidavits of witnesses which shall e in Duestion andanswer form and shall constitute the direct examination of thewitnesses% and4$ !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 courtthe 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 pretrialproceedings, confirm mar@ings of exhiits or sustitutedphotocopies and admissions on the genuineness and dueexecution 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)ME)!2<


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charged%$ Aualification of expert witnesses% andc$ 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 timeframes for the different stages of the proceeding up to promulgationof decision%3$ eDuire the parties to sumit to the ranch cler@ of court thenames, addresses and contact numers of witnesses that need toe summoned " supoena% and*$ /onsider modification of order of trial if the accused admits thecharge ut interposes a lawful defense.&3. Manner of Diretin! 9%estions: Ad(issions and A!ree(ents: andDo%(entation

2ll Duestions or statements must e directed to the court.&*2ll

agreements or admissions made or entered during the pre-trial conferenceshall e reduced in writing and signed " the accused and counsel%otherwise, the" cannot e used against the accused. !he agreementscovering 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 transcriptsprepared, and the minutes signed " the parties or their counsels. &01. Pre8Tria& Order!he court shall issue a pre-trial order within ten >1+$ da"s after thetermination of the pre-trial, setting forth the actions ta@en during the pretrialconference, the facts stipulated, the admissions made, evidence

mar@ed, the numer of witnesses to e presented, and the schedule oftrial. !he order shall ind the parties and control the course of actionduring the trial.'+&3 d., 6ec. '.&* d., 6ec. 7.&4 d., 6ec. .&0 d., 6ec. 3.'+ d., 6ec. *.E);8)ME)!2< '+$ da"s from the date the case is sumitted for


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decision.''. Period to Deide and Dis+ose of t#e Case9ith or without an" memoranda filed, the court shall have a period ofsixt" >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)"ers8f the accused cannot afford the services of counsel or there is noavailale pulic attorne", the court shall reDuire the 8ntegrated Car of thePhilippines to provide pro ono law"ers for the accused. '3J. Ci'i& Ation and Lia*i&it",. Instit%tion of Ci'i& Ation9hen a criminal action is instituted, the civil action for the recover" ofcivil liailit" arising from the offense charged shall e deemed institutedwith 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)ME)!2<


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-. EPO and TEPO in Cri(ina& Cases!he procedure for the issuance of Environmental Protection rders>EP$ and !emporar" Environmental Protection rders >!EP$ shall egoverned " 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.E);8)ME)!2<


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administrative remedies have first een resorted to and the properauthorities have een given an appropriate opportunit" to act and correcttheir alleged errors, if an", committed in the administrative forum.&Exhaustion of the remedies in the administrative forum, eing acondition 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 " theadministrative processes should first e availed of efore a courtJs judicialpower can e sought. !he premature judicial action is fatal to oneJs causeof action.72ccordingl", asent an" finding of waiver or estoppel, the caseis susceptile to dismissal for lac@ of cause of action. 8n the case of the6ecretar" of the (E), failure to appeal his decision to the ffice of thePresident is a failure to exhaust administrative remedies.31. 0ai&%re to E/#a%st Ad(inistrati'e Re(edies Ma" Constit%te0or%(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 ofthe MBC to rule on the validit" of the Duestioned agreements of sale isinextrical" lin@ed to the ver" nature of such agreements over which theMBC has jurisdiction under the law. =navoidal", there is identit" ofreliefs if the same issue is rought to the !/. orum shopping existswhen oth actions involve the same transactions, same essential factsand circumstances and raise identical causes of actions, suject matter,and issues. !he case instituted with the !/ is correctl" ordereddismissed on the ground of forum shopping. )ot onl" is there forumshopping,ut also failure to exhaust administrative remedies, " opting togo 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 certificationagainst forum-shopping.4& #actoran v. Court of 'ppeals, B.. )o. 0'7+, (ecemer 1', 1000, '&+ 6/2 '+% %abao v.ilagan, supra note 15 )agudag v. Paderanga, supra note 1.' Paat v. Court of 'ppeals, supra note 1.7 0angus #isherfol" v. anzanas, B.. )o. 1'177&, Iul" 1+, &++', 7+ 6/2 '+. )( v. Court of 'ppeals, B.. )o. 1&14*, March 0, 1000, '+7 6/2 ''1.3 %an v. )irector of #orestr(, B.. )o. &774, ctoer &*, 104', 1& 6/2 '+&.* epanto Consolidated ,ining v. -,C Resources nternational, B.. )os. 1'44 and 13&17,6eptemer &7, &++', 71& 6/2 1+1.4 =


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without jurisdiction or in excess of jurisdiction%7$ 9here the respondent is a department secretar", whose acts as analter ego of the President ear the implied or assumed approval ofthe latter, unless actuall" disapproved " him%$ 9here there are circumstances indicating the urgenc" of judicial

intervention%3& and3$ 9hen the rule does not provide a plaintiff speed" and adeDuateremed"3'.*$ 8n an action for damages with preliminar" mandator" injunction filedefore the egional !rial /ourt alleging that a timer licensee and8M2 holder has no authorit" to @eep custod" of confiscated timerand conve"ances ecause it is a private entit" and mere depositor"of the timer and conve"ances, not a deputized enforcementofficer, it was held that there was no need for exhaustion ofadministrative remedies. (espite the fact that there were ongoingadministrative confiscation proceedings eing conducted " the

(E), filing the action with the trial court did not violate thedoctrine of exhaustion of remedies ecause it was for the purposeof transferring the custod" of the confiscated products to the/E) and the ffice of the Bovernment Prosecution and forresolving the cases with dispatch.374$ 2 petition for mandamus filed with the egional !rial /ourt tocompel the (E) and its Environmental Management Cureau>EMC$ to issue a /ertificate of )on-/overage under theEnvironmental 8mpact 2ssessment 6"stem is a proper remed"where the project is not an environmentall" critical project or0 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. 107*, 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 ofmmigration 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*, ctoer &&, 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, ctoer &+, &++7, 771 6/2 73.E);8)ME)!2<


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instruments " which the 6tate regulates the utilization and disposition offorest resources to the end that pulic welfare is promoted. !he" merel"evidence a privilege granted " the 6tate to Dualified entities, and do notvest in the latter a permanent or irrevocale right to the particularconcession area and the forest products therein. !he" ma" e validl"

amended, modified, replaced or rescinded " the /hief Executive whennational interest so reDuires. !he" are not deemed contracts within thepurview 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 " the6tate, which ma" e amended, modified or rescinded when the nationalinterest so reDuires. !his is necessaril" so since the exploration,development and utilization of the countr"5s natural mineral resources arematters impressed with great pulic interest.


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impairment of the oligations under said contract as it would effectivel"restrict the right of the parties thereto to assign or transfer theirinterests in the said !22. C" imposing a new condition apart fromthose alread" contained in the agreement, efore the parties tothe !22 ma" assign or transfer their rights and interest in the said

agreement, 6ec. 7+ of the Philippine Mining 2ct of 100, if made toappl" to said !22, will effectivel" modif" the terms of the originalcontract and thus impair the oligations of the parties thereto andrestrict the exercise of their vested rights under the originalagreement. 6uch modification to the !22, particularl" in theconditions imposed for its valid transfer, is eDuivalent to an impairmentof said contract in violation of the /onstitution.304. 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 itpropert" or propert" rights. )o franchise or right can e availed of todefeat the proper exercise of police power. !he 6tate has inherent power

enaling it to prohiit all things hurtful to comfort, safet", and welfare ofsociet". Pursuant to these principles, the 6ecretar" of the (E) has theauthorit" to revo@e, on valid grounds, timer licenses issued " the(irector of orestr". 9here there is supporting evidence, the revocation ofa 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 epanto Consolidated ,ining v. -,C Resources nternational, B.. )o. 13&''1, )ovemer&+, &++3, +* 6/2 '1.*+ %an v. )irector of #orestr(, supra note 3.E);8)ME)!2<


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special competence.*&(ismissal of a replevin suit for lac@ of cause of action in view of theowner5s failure to exhaust administrative remedies is the proper course ofaction 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! ReplevinS%its2 judgeJs act of ta@ing cognizance of a replevin suit over propert"under (E) administrative confiscation proceedings or under custodialegis, if the case is alread" with the pulic prosecutor or another court,demonstrates ignorance of the law.*7*1 im! 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, &' 6/2114'% &smael v. )eput( E4ecutive Secretar(, supra note 33.*& Paat v. Court of 'ppeals, supra note 15 %abao v. ilagan, supra note 1.*' Paat v. Court of 'ppeals, supra note 1% )( v. Court of 'ppeals, supra note .*7 %abao v. ilagan, supra note 1.E);8)ME)!2<


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or violation of an" environmental law.*0* #actoran v. Court of 'ppeals, supra note &% Calub v. Court of 'ppeals, B.. )o. 113'7, 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 =


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Environmental protection order >EP$ refers to an order issued " thecourt directing or enjoining an" person or government agenc" to performor desist from performing an act in order to protect, preserve orrehailitate the environment.43-. Te(+orar" En'iron(enta& Protetion Order ?TEPO@

8f it appears from the verified complaint with a pra"er for the issuanceof an Environmental Protection rder >EP$ that the matter is of extremeurgenc" 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 rder >!EP$ effective for onl"sevent"-two >*&$ hours from date of the receipt of the !EP " the part"or person enjoined. 9ithin said period, the court where the case isassigned, shall conduct a summar" hearing to determine whether the!EP ma" e extended until the termination of the case. 4*!he issuance of a !EP 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 ofcontinuing mandamus.40. Monitorin!: Liftin!: E/e(+tion fro( $ond Re>%ire(ent: andCon'ersion to Per(anent EPO!he court where the case is assigned shall periodicall" monitor theexistence of acts that are the suject matter of the !EP, even if issued" the executive judge, and ma" lift the same at an" time ascircumstances ma" warrant. !he applicant shall e exempted from theposting of a ond for the issuance of a !EP.0+!he grounds for motion to dissolve a !EP shall e supported "affidavits of the part" or person enjoined which the applicant ma" oppose,

also " affidavits. !he !EP ma" e dissolved if it appears after hearingthat its issuance or continuance would cause irreparale damage to thepart" or person enjoined, while the applicant ma" e full" compensated for43 d., ule 1, 6ec. '.4* d., ule &, 6ec. 4.44 d., ule *, 6ec. &.40 d., ule 4, 6ec. .0+ d., ule &, 6ec. 4.E);8)ME)!2<


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preliminar" injunction against lawful actions of government agencies thatenforce environmental laws or prevent violations thereof.07D. 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 justifialereasons, " the counsel or representative of the plaintiff or an" suitaleperson authorized or deputized " the court issuing the summons. 2n"private person who is authorized or deputized " the court to servesummons, orders, and other court processes shall, for that purpose, econsidered 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 thefiling of an answer, within which to avail of interrogatories to parties underule & 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 andsustituted service fail, summons " pulication shall e allowed. 8n the01 d., 6ec. 0.0& d., ule , 6ec. '.0' d., ule &, 6ec. 11.07 d., 6ec. 1+.0 d.! 6ec. 1'.E);8)ME)!2<


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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, answerwhich ma" include compulsor" counterclaim and cross-claim, motion for03 d.0* d.! 6ec. 17.04 d.00 d.1++ d., 6ec. 1.E);8)ME)!2< 1$ da"s%7$ Motion to declare the defendant in default%$ epl" and rejoinder% and3$ !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 theviolation of the right to a alanced and healthful ecolog" ma" e roughtas a class action suit and " parties representing future generations onthe principle of inter-generational responsiilit". !he constitutional right toa alanced and healthful ecolog" constitutes an actionale right as asisfor a cause of action. 2 denial or violation of that right " the other whohas the correlative dut" or oligation to respect or protect the same givesrise to a cause of action.1+7

2s a constitutionall" guaranteed right of ever" person, it carries thecorrelative dut" of non-impairment. !his is ut in consonance with thedeclared polic" of the state Hto protect and promote the right to health ofthe people and instill health consciousness among them.H1+ !his rightimplies, among other things, the judicious management and conservationof the countr"5s resources, which dut" is reposed in the (E).1+31+1 d., 6ec. 1.1+& d.1+' d., 6ec. &.1+7 $posa v. #actoran, supra note 33.1+ aguna a"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&073, (ecemer 1', &++, 7** 6/27'3.E);8)ME)!2<


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K-''

!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 itis an issue of transcendental importance with intergenerationalimplications. !he 6tate cannot escape its oligation to future generationsof 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 asedon the concept of intergenerational responsiilit" insofar as the right to aalanced and healthful ecolog" is concerned. 6uch a right considers theHrh"thm and harmon" of nature.H )ature means the created world in itsentiret". 6uch rh"thm and harmon" indispensal" include, inter alia, the

judicious disposition, utilization, management, renewal and conservationof the countr"Js forest, mineral, land, waters, fisheries, wildlife, off-shoreareas, and other natural resources to the end that their exploration,development, and utilization e eDuital" accessile to the present, aswell as future generations. Ever" generation has a responsiilit" to thenext to preserve the rh"thm and harmon" of nature for the full enjo"mentof a alanced and healthful ecolog". !he minorsJ assertion of their right toa sound environment constitutes the performance of their oligation toensure 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%*&iInterest

2 farmers5 and indigenous peoples5 cooperative organized underPhilippine laws representing a communit" actuall" affected " the miningactivities, memers of said cooperative, as well as other residents of areasalso affected " mining activities, have standing to raise theconstitutionalit" of a Duestioned !22 " alleging a personal andsustantial injur". 9hen a case involves constitutional Duestions, thecourts are not concerned with whether petitioners are real parties ininterest, ut with whether the" have legal standing. Cecause of itsconstitutional and pulic polic" underpinnings, standing is ver" differentfrom Duestions relating to whether a particular plaintiff is the real part" ininterest or has capacit" to sue. 6tanding is a special concern inconstitutional law ecause, in some cases, suits are rought not " partieswho have een personall" injured " the operation of a law or " officialaction ta@en, ut " concerned citizens, taxpa"ers or voters who actuall"

sue in the pulic interest. :ence, the Duestion in standing is whether suchparties have Halleged such a personal sta@e in the outcome of the1+* ,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)ME)!2<


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presentation of issues upon which the court so largel" depends forillumination of difficult constitutional Duestions.1+07. 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 oligationsunder environmental laws.11+-. Order to Inter'ene6 P%*&iation=pon the filing of a citizen suit, the court shall issue an order whichshall contain a rief description of the cause of action and the reliefspra"ed for, reDuiring all interested parties to manifest their interest tointervene in the case within fifteen >1$ da"s from notice thereof. !heplaintiff ma" pulish the order once in a newspaper of a general circulationin 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 " theirrespective 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 untilafter judgment that shall serve as first lien on the judgment award.11'2. Re&ief in Citi5en S%it8f warranted, the court ma" grant to the plaintiff proper reliefs, whichshall include the protection, preservation or rehailitation of theenvironment and the pa"ment of attorne"5s fees, costs of suit and otherlitigation expenses. 8t ma" also reDuire the violator to sumit a program ofrehailitation or restoration of the environment, the costs of which shall e

orne " the violator, or to contriute to a special trust fund for thatpurpose suject to the control of the court.1171+0 a 0ugal/08laan %ribal 'ssociation v. Ramos, B.. )o. 1&*44&, Ianuar" &*, &++7, 7&1 6/2174.11+ =


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implementing rules and regulations% or auses his authorit" in theperformance of his dut"% or, in an" manner, improperl" performs hisduties under the 2ct or its implementing rules and regulations. )osuit can e filed until a thirt"-da" >'+$ notice has een ta@enthereon.

!he court shall exempt such action from the pa"ment of filing fees,except fees for actions not capale of pecuniar" estimations, and shallli@ewise, uponprima facie showing of the non-enforcement orviolation complained of, exempt the plaintiff from the filing of an injunctionond for the issuance of a preliminar" injunction.119ithin thirt" >'+$ da"s, the court shall ma@e a determination if thecomplaint is malicious andGor aseless and shall accordingl" dismiss theaction and award attorne"5s fees and damages.1134. Citi5en S%it to Enfore Ri!#t to C&ean AirPetitioners in a citizen suit to enforce their fundamental legal right toclean air have legal standing in a petition for mandamus rought against

the 6tate. 2 part"5s standing is a procedural technicalit" which ma" e setaside, in view of the importance of the issue raised, if it involves one oftranscendental importance to the pulic. !he right to clean air is an issueof paramount importance and is impressed with pulic interest. !heconseDuences of the counter-productive and retrogressive effects of aneglected environment due to emissions of motor vehicles immeasural"affect the well-eing of the pulic.11*11 ep. 2ct )o. 4*70 1000F, 6ec. 71% ep. 2ct )o. 0++' &++1F, 6ec. &.113 d.11* +enares v. and %ransportation #ranchising and Regulator( 0oard, B )o. 14&0+, ctoer&', &++3, + 6/2 1+7. !his case, however, was dismissed as the relief sought for, reDuiringthe use of natural gas in pulic utilit" vehicles, is not covered under the law and, hence, notsuject to mandamus. 2lthough dismissed, the case too@ note of the legal standing of thepetitioners.E);8)ME)!2<


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factual issue, the parties shall state all evidence to support theirpositions thereon. or each legal issue, the parties shall statethe applicale law and jurisprudence supporting their respectivepositions thereon%7$ !he documents or exhiits to e presented, including

depositions, answers to interrogatories and answers to writtenreDuest for admission " adverse part", stating the purposethereof%$ 2 manifestation of their having availed of discover" proceduresor their intention to avail themselves of referral to acommissioner or panel of experts%3$ !he numer and names of the witnesses and the sustance oftheir affidavits%*$ /larificator" Duestions from the parties% and4$ PM/$ unit for purposes of mediation. 8fnot availale, the court shall refer the case to the cler@ of court or legalresearcher for mediation.1&1Mediation must e conducted within a non-extendile period of thirt">'+$ da"s from receipt of notice of referral to mediation. !he mediationreport must e sumitted within ten >1+$ da"s from the expiration of the'+-da" period.1&&2. Pre&i(inar" Conferene8f 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 thefollowing purposes#1$ !o assist the parties in reaching a settlement%&$ !o mar@ the documents or exhiits to e presented " the partiesand copies thereof to e attached to the records after comparisonwith the originals%'$ !o ascertain from the parties the undisputed facts and admissionson the genuineness and due execution of the documents mar@ed


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as exhiits%7$ !o reDuire the parties to sumit the depositions ta@en under ule&' of the ules of /ourt, the answers to written interrogatoriesunder ule &, and the answers to reDuest for admissions " theadverse part" under ule &3%

$ !o reDuire the production of documents or things reDuested " apart" under ule &* and the results of the ph"sical and mentalexamination 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"/onference to e signed " oth parties or their counsels%4$ !o mar@ the affidavits of witnesses, which shall e in Duestion andanswer form, and shall constitute the direct examination of thewitnesses% and0$ !o attach the minutes, together with the mar@ed exhiits efore thepre-trial proper.1&'1&1 d.! 6ec. '.1&& d.1&' d.! 6ec. 7.E);8)ME)!2<


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amendments if necessar"%7$ (etermine if interlocutor" issues are involved and resolve thesame%$ /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 of1&7 d.1& d.1&3 d.! 6ec. .1&* d.1&4 d., 6ec. 1+.E);8)ME)!2<


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signed " the parties and their counsel.1'11&0 d., 6ec. 3.1'+ d., 6ec. *.1'1 d., 6ec. 4.E);8)ME)!2< 1$ da", suject to the court5s discretion of extending theexamination for justifiale reason. 2fter the presentation of the lastwitness, onl" oral offer of evidence shall e allowed, and the opposingpart" shall immediatel" interpose his ojections. !he judge shall forthwith


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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 ordersumitting the case for decision. !he court ma" reDuire the parties tosumit their respective memoranda, if possile in electronic form, within a

non-extendile period of thirt" >'+$ da"s from the date the case issumitted for decision.1'42. 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 thecomplaint to tr" and decide the case. Cefore the expiration of the one-"earperiod, the court ma" petition the 6upreme /ourt for the extension of theperiod 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 fordecision.17+ !he court shall prioritize the adjudication of environmentalcases.171L. Ci'i& SLAPP S%its

,. Definition6trategic lawsuit against pulic participation >6


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!he defense of a 66'+$ da"s whether said legal action has eenfiled to harass, vex, exert undue pressure or stifle such legal recourse ofthe person filing the citizen suit. =pon determination thereof, the courtshall dismiss the case and award attorne"5s fees and doule damages./ourt actions against 6


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which shall e effective until the judgment is full" satisfied. !he court ma"," itself or through the appropriate government agenc", monitor theexecution of the judgment and reDuire the part" concerned to sumitwritten 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 onthe execution of the judgment.1&174 d., 6ec. 7.170 d.1+ ep. 2ct )o. 4*70, 6ec. 7'% ep. 2ct )o. 0++', 6ec. '.11 d., ule , 6ec. &.1& d., 6ec. '.E);8)ME)!2<


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13 d.E);8)ME)!2<


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2. Iss%ane of t#e Writ6 Ser'ie6 Ret%rn9ithin three >'$ da"s from the date of filing of the petition, if the petitionis sufficient in form and sustance, the court shall give an order# >a$issuing the writ% and >$ reDuiring the respondent to file a verified return asprovided 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 ofthe court, including the issuance of a cease and desist order and othertemporar" 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 areturn of service. 8n case the writ cannot e served personall", the rule onsustituted service shall appl".13&

2 cler@ of court who undul" dela"s or refuses to issue the writ after itsallowance, or a court officer or deputized person who undul" dela"s orrefuses 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 thewrit, the respondent shall file a verified return which shall contain alldefenses to show that respondent did not violate or threaten to violate, orallow the violation of an" environmental law, rule or regulation or commitan" act resulting to environmental damage of such magnitude as toprejudice the life, health or propert" of inhaitants in two or more cities orprovinces. 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, in10 d., 6ec. '.13+ d., 6ec. 7.131 d., 6ec. .

13& d., 6ec. 3.13' d., 6ec. *.137 d., 6ec. 4.E);8)ME)!2< 3+$ da"s and shall e given the same priorit" as petitions forthe writs of habeas corpus, amparo and habeas data.1344. Pro#i*ited P&eadin!s and Motions!he following pleadings and motions are prohiited#1$ Motion to dismiss%


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&$ 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"% and4$ Motion to declare respondent in default.130=. Diso'er" Meas%res

2 part" ma" file a verified motion for the following reliefs#1$ cular 8nspection rder - !he motion must show that an ocularinspection order is necessar" to estalish the magnitude of theviolation or the threat as to prejudice the life, health or propert" ofinhaitants in two or more cities or provinces. 8t shall state in detailthe place or places to e inspected. 8t shall e supported "affidavits of witnesses having personal @nowledge of the violationor threatened violation of environmental law. 2fter hearing, the

court ma" order an" person in possession or control of a13 d.133 d., 6ec. 1+.13* d., 6ec. 11.134 d.130 d., 6ec. 0.E);8)ME)!2<


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indirect contempt under ule *1 of the ules of /ourt. 1*1,. S%*(ission for Deision6 Me(oranda

2fter hearing, the court shall issue an order sumitting the case fordecision. !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!(ent9ithin sixt" >3+$ da"s from the time the petition is sumitted fordecision, the court shall render judgment granting or den"ing the privilegeof 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)ME)!2<


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thereof to perform an act or series of acts decreed " final judgment whichshall remain effective until judgment is full" satisfied.1*31*7 d.1* ,etropolitan ,anila )evelopment 'uthorit( vs. Concerned Residents of ,anila 0a(, supranote 1+*.1*3 =1+$ da"s from receipt of a cop" thereof. 6uch order shall e served on therespondents in such manner as the court ma" direct, together with a cop"of the petition and an" annexes thereto.1411** d., ule 4, 6ec. 1.1*4 d.1*0 d., 6ec. &.

14+ d., 6ec. '.141 d., 6ec. 7.E);8)ME)!2<


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=. Iss%ane of Te(+orar" En'iron(ent Protetion Order ?TEPO@!he court in which the petition is filed ma" issue such orders toexpedite the proceedings, and it ma" also grant a !EP for thepreservation 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 reDuiringrespondent to perform an act or series of acts until the judgment is full"satisfied and to grant such other reliefs as ma" e warranted resultingfrom the wrongful or illegal acts of the respondent. !he court shall reDuirethe respondent to sumit periodic reports detailing the progress andexecution of the judgment, and the court ma", " itself or through acommissioner or the appropriate government agenc", evaluate andmonitor compliance.147,. Ret%rn of t#e Writ!he periodic reports sumitted " the respondent detailing compliancewith 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 thecourt " the respondent. 8f the court finds that the judgment has een full"implemented, satisfaction of judgment shall e entered in the [email protected]& d., 6ec. 3.14' d., 6ec. .147 d., 6ec. *.14 d., 6ec. 4.E);8)ME)!2<


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domain which has not een the suject of the present s"stem of classification for thedetermination of which lands are needed for forest purposes and which are not. Permanent forestor forest reserves refer to those lands of the pulic domain which have een the suject of thepresent s"stem of classification and determined to e needed for forest purposes. #orestreservations refer to forest lands which have een reserved " the President of the Philippines foran" specific purpose or purposes.14* d.# 2razing land refers to that portion of the pulic domain which has een set aside, in viewof the suitailit" of its topograph" and vegetation, for the raising of [email protected] d., 6ec. '# -atershed reservation is a forest land reservation estalished to protect orimprove the conditions of the water "ield thereof or reduce sedimentation. -atershed is a landarea drained " a stream or fixed od" of water and its triutaries having a common outlet forsurface 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 forestlands.10+ d., 6ec. # Iurisdiction over national par@s, marine par@s, game refuges and wildlife has eenlargel" transferred to the Protected 2reas and 9ildlife Cureau of the (E), pursuant to Coo@ 8;,!itle L8;, 6ection 10 of Executive rder )o. &0& or the evised 2dministrative /ode of 104* andepulic 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. &003, Ma" , 1041, 1+7 6/2 '+.10' %an v. )irector of #orestr(, supra note 3.E);8)ME)!2<


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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 ofhis 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 relatedlaws, as well as their implementing regulations.104 d., 6ec. 7.100 d.E);8)ME)!2< 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 governmentagenc" ma" effect a warrantless arrest. 8ndividuals deputized " theproper government agenc" who are enforcing environmental laws shallenjo" the presumption of regularit" under 6ection '>m$, ule 1'1 of theules of /ourt when effecting arrests for violations of environmentallaws.&+&$. Cri(ina& Offenses,. I&&e!a& Lo!!in!Pres. (ecree )o. *+ penalizes several acts as criminal offenses, theact most regularl" committed eing the cutting, gathering, collecting andremoving 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 legaldocuments as reDuired under existing forest laws and regulations.&+'&++ d., 6ec. 40.&+1 (E) (EP2!ME)!2(M8)86!2!8;E (E &++4-&&, 6eptemer '+, &++4.&+& ules of Procedure for Environmental /ases, ule 11, 6ec. 1.&+' Pres. (ecree )o. *+, 6ec. **.E);8)ME)!2<


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-. Ot#er Offensesther criminal offenses include the unlawful occupation or destructionof forest and grazing lands% pasturing livestoc@ in forest, grazing andalienale and disposale lands without permit% illegal occupation ofnational par@s and recreation areas and vandalism therein% destruction of

wildlife resources% surve" " unauthorized persons% misclassification andsurve" " government official and emplo"ee% issuance of tax declarationon real propert" without the proper (E) certification% coercion andinfluence of pulic officer or emplo"ee% unlawful possession of implementsand devices used " forest officers% failure to pa", collect or remit forestcharges% and failure to adhere to grading rules in the sale of woodproducts.&+7. J%diia& and Ad(inistrati'e Confisation and 0orfeit%re8n most of these criminal offenses, the penalt" after judgment includesthe 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 forestlaws, rules and regulations, the 6ecretar" of the (E) ma", eforejudgment, order the apprehension and seizure of an" forest productsillegall" cut, gathered, removed, or possessed or aandoned, and allconve"ances used in the commission of the offense for purposes ofadministrative proceedings for confiscation or judicial prosecution.&+C. I&&e!a& C%ttin!: Gat#erin! and Possession,. T#ree Cate!ories of Ats P%nis#ed6ection ** penalizes three categories of acts#1$ !he cutting, gathering, collecting, or removing of timer or otherforest products from an" forest land without an" authorit"%

&$ !he cutting, gathering, collecting, or removing of timer fromalienale or disposale pulic land, or from private land without an"authorit"% and'$ !he possession of timer or other forest products without the legaldocuments as reDuired under existing forest laws andregulations.&+3&+7 d., 6ecs. *4-44.&+ d., 6ec. **-2.&+3 ,erida v. People, B.. )o. 1414&, Iune 1&, &++4, 7 6/2 '33.E);8)ME)!2<


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products from an" forest land, or timer from alienale ordisposale pulic land, or from private land without an" authorit"%and&$ Possession of timer or other forest products without the legaldocuments reDuired under existing laws and regulations.&+4

8n the first offense, one can raise as a defense the legalit" of the actsof cutting, gathering, collecting or removing timer or other forest products" presenting the authorization issued " the (E). 8n the secondoffense, it is immaterial whether the cutting, gathering, collecting andremoval of the forest products is legal or not ecause what the lawpenalizes is the illegal possession, or possession without legaldocuments, 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! andRe(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 orremoved elongs to the government or to an" private individual% and'$ !hat the cutting, gathering, collecting or removing was withoutauthorit" 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&. Peoplev. 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 6/214*.E);8)ME)!2<


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or other forest products without the necessar" permit is no longerpunished as Dualified theft, ut the penalt" for Dualified theft is imposed.&1'!he acts of cutting, gathering, collecting, removing or possessingforest products without authorit" constitute distinct offenses that are nowindependent 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 providedunder these articles.&17!he law treats cutting, gathering, collecting and possessing timer orother forest products without license as an offense as grave as andeDuivalent to the felon" of Dualified theft.&1!he fact that the crime is punished with the same penalt" as that ofDualified theft does not mean that said penalties cannot e imposed if theaccused is the owner of the timer and the land from which the" were cutor gathered. 9hether or not the legislature was correct in imposing onviolators of Pres. (ecree )o. *+ a penalt" eDual to that imposale onthose 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&.E);8)ME)!2< /E)$ or other authorized (E) officials.&10=. Mere Ver*a& A%t#orit" Cannot Le!a&i5e PossessionMere veral permission from the (E) /E) authorized to issuethe legal documents is not sufficient to legalize possession. )either is a(E) regulation >(2 *0-0+$ which prescries that no permit is


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necessar" in the cutting of planted trees in titled lands, except for premiumspecies, sufficient justification for the asence of legal documents, sincethe same regulation reDuires a certification from the /E) concerned tothe effect that the timer came from a titled land or tax declared alienaleand disposale land, and which certification must accompan" the

shipment or transport.&&+B. Ats Constit%tin! Possession9here the truc@ carr"ing the seized illegall"-cut lumer was loaded infront of the house of the accused and said accused accompanied the truc@up to where the truc@ and lumer were seized, said facts prove theaccused5s exercise of dominion and control over the lumer loaded in the&1* d.&14 People of the Philippines v. )ator, B.. )o. 1'317&, ctoer &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)ME)!2<


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the possession of the lumer is a misapplication of the doctrine laid downin jurisprudence that the term ?timer 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 &&'% alican v. 6ergara, B.. )o. 1+4310, Iul"'1, 100*, &*3 6/2 14% ,ustang umber 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)ME)!2<


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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 Philippinesv. ue, supra note &+*.&&0'rriola v. Sandiganba(an, B.. )o. 13*11, Iune '+, &++3, 707 6/2 '77.E);8)ME)!2<


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. D%e Proess Re>%ire(ents in Ad(inistrati'e Confisation8n administrative confiscation, failure to oserve procedural rules is

justifiale under certain circumstances, as when it would e asurd toreDuire a confiscation order or notice and hearing efore seizure could eeffected.&'32t the same time, due process in administrative confiscation

proceedings is served when the offenders are given the opportunit" toexplain or move for a reconsideration of the decision of the 6ecretar" oregional (irector of the (E).&'*1. Re>%ire(ent to De&i'er t#e A%sed to t#e P%*&i Prose%tor notA++&ia*&e in Ad(inistrati'e Confisation!he reDuirement under 6ec. 40 of Pres. (ecree )o. *+ to deliver tothe pulic prosecutor the offender and the confiscated items within sixhours of apprehension does not appl" in administrative confiscationproceedings. !he same onl" applies when an arrest is made and there isa need to immediatel" file the information in court for criminalproceedings.&'4 n the other hand, should evidence in an" administrative

seizure and confiscation proceeding warrant, the (E) hearing officershall initiate the filing of a criminal complaint efore the /it" or ProvincialProsecutor or efore the Municipal !rial /ourt for preliminar" investigationand prosecution.&'02. Arrest Proed%re in Ad(inistrati'e Confisation=nder (2 0*-'&, the 2pprehending fficer of the (E) ma",whenever circumstances so warrant, effect the arrest and detention of an"person>s$ apprehended " virtue of administrative seizure andconfiscation proceedings, and deliver such person>s$ to the properauthorities in accordance with the provisions of Pres. (ecree )o. *+, asamended.&7+

6hould the evidence in an" administrative case arising " virtue of(2 0*-'& so warrant, the :earing fficer shall initiate the filing of acriminal complaint efore the /it" or Provincial Prosecutor or the eforethe Municipal !rial /ourt of appropriate jurisdiction for preliminar"investigation and prosecution in accordance with law.&71 8n all matterspertaining 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 (E >(2$ )o. 0*-'& "earF, 6ec. 1+.&.&7+ (2 0*-'&, 6ec. 1+ >1$.&71 d.! 6ec. 1+ >&$.E);8)ME)!2<


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allegedl" committed, and who receives the evidence supporting the reportor complaint.&701. 0i&in! of Co(+&aint *" 0orest Offier and t#e P#i&i++ine Nationa&Po&ie8f there is aprima facie evidence supporting the complaint or report,

the investigating forest officer or personnel of the Philippine )ationalPolice 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 andcomplaints as might e rought to the forest officer assigned to the areab( 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 offorest 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+.E);8)ME)!2< 3$ hours fromthe time of arrest and seizure, the offender and the confiscated forest products, tools andeDuipment 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 lattershall e done within a reasonale time sufficient for ordinar" travel from the place of arrest to theplace of deliver". !he seized products, materials and eDuipment shall e immediatel" disposed ofin 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 thepreceding paragraph.eports and complaints regarding the commission of an" of the offenses defined in this


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/hapter, not committed in the presence of an" forest officer or emplo"ee, or an" personnel of thePhilippine /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 ofthe Philippine /onstaular"GPhilippine )ational Police where the offense was allegedl"committed, who shall thereupon receive the evidence supporting the report or complaint.8f there isprima facie evidence to support the complaint or report, the investigating forestofficer andGor memers of the Philippine /onstaular"GPhilippine )ational Police shall file thenecessar" 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+.E);8)ME)!2< for violations not committed in his presence$, he is still reDuiredto file the proper complaint with the appropriate official designated " lawto conduct preliminar" investigations in court.&74. Pri'ate Offended Part" (a" 0i&e Co(+&aint Diret&" )it# P%*&iProse%tor

2 private complainant as an offended part" is not prevented from filingthe 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 caseswhich must e initiated " a complaint filed " specified individuals,noncomplianceof which ousts the trial court of jurisdiction from tr"ing suchcases. :owever, these cases concern onl" defamation and other crimesagainst chastit" and not criminal offenses punished under forestr" laws.&!he phrase in 6ec. 40 of P.(. *+ reDuiring forest officers to investigatereports and complaints of violations of forestr" laws and file the necessar"complaint for preliminar" investigation, therefore, does not preclude thefiling of complaints " private parties directl" with the pulic prosecutor forpreliminar" investigation.&3=. Presidentia& Deree No. 42 Grants 0orest Offiers S+eia&: notE/&%si'e: A%t#orit" to Arrest and In'esti!ate Offenses6ection 40 of Pres. (ecree )o. *+ does not reDuire that a complaintmust first e investigated " a forest officer and that onl" the forest officerma" file the case for preliminar" investigation. 8t should not e interpretedto vest exclusive authorit" upon forest officers to conduct investigationsregarding offenses descried in the decree. ather, it should e construedas granting forest officers and emplo"ees special authorit" to arrest and


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investigate offenses descried in Pres. (ecree )o. *+ to reinforce theexercise of such authorit" " those upon whom it is vested " generallaw.&*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.E);8)ME)!2<


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0o%nd G%i&t"2ccording to the evised Penal /ode, 2rt. 7, first paragraph# HEFver"penalt" imposed for the commission of a felon" shall carr" with it theforfeiture of the proceeds of the crime and the instrument or tools withwhich 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 theoffense.H 8n such a case, there is no justification for a court to orderforfeiture of a conve"ance or vehicle used in violation of forestr" laws if theowner thereof is not found guilt" of such violation or was not even includedas an accused in the criminal case in the first place. &3'7. C#ain Sa) AtH/hain sawH refers to an" portale power saw or similar cutting implement,rendered operative " an electric or internal comustion engine or similarmeans, that ma" e used for, ut is not limited to, the felling of trees or thecutting 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" Environmentand )atural esources ffice >/E)$, which shall issue the correspondingregistration certificate or permit.&3!he law punishes the acts of#1$ 6elling, purchasing, re-selling, transferring, distriuting orpossessing a chain saw without a proper permit from the (E)%&$ =nlawful importation or manufacturing of chain saw withoutauthorization from the (E)%'$ !ampering of engine serial numer% and7$ 2ctual unlawful use of chain saw.&33or acts committed under 6ection * >1$ and >7$ of the /hain 6aw 2ct, the

penalt" includes confiscation of the chain saw.&3*

&3' ,omongan v. $mipon, supra note &'&.&37 ep. 2ct )o. 01*, ?/hain 6aw 2ct of &++&, 6ec. ' >a$.&3 d.! 6ec. 3.&33 d.! 6ec. *.&3* d.! 6ec. * >1$ and >7$.E);8)ME)!2<


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saw to the official authorized to conduct the preliminar" investigation withinthirt"-six >'3$ hours and file the proper complaint.&*+/hain saws, whether properl" registered or not, that are used in the illegalcutting, gathering, collecting, removing or possessing of timer or forestproducts, 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.E);8)ME)!2< !he )8P26'+$ @ilometers of marinewaters etween them, the third line shall e eDuall" distant from oppositeshore of the respective municipalities.&*&*& ep. 2ct )o. 4+, 6ec. 7 >37$# Philippine waters include all odies of water within thePhilippine 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 theprovinces, cities, municipalities, and aranga"s and the waters around, etween and connectingthe islands of the archipelago regardless of their readth and dimensions, the territorial sea, thesea eds, the insular shelves, and all other waters over which the Philippines has sovereignt"and jurisdiction, including the &++-nautical miles Exclusive Economic one and the continentalshelf.&*' d.! 6ec. '.&*7 d.! 6ec. .&* d.! 6ec. 7.


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E);8)ME)!2<


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the town. Municipalities and cities do not hold this usufruct or right offisher" in a permanent or asolute manner so as to enale them todispose of it or to allow it to e ta@en awa" as their propert" throughexecution.&*4. M%nii+a& 0is#in!

Municipal fishing is fishing within municipal waters using fishingvessels of three >'$ gross tons or less, or fishing not reDuiring the use offishing vessels.&*01. Grant of 0is#er" Pri'i&e!esMunicipalities 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 otheraDuatic eds or angus fr" areas, within a definite zone of the municipalwaters, and to gather, ta@e or catch angus fr", prawn fr" or "awag/"awagor fr" of other species and fish from the municipal waters " nets, traps orother fishing gears to marginal fishermen free of an" rental, fee, charge or

an" other imposition.&41 !he" also issue licenses for the operation offishing vessels of three >'$ tons or less.&4&2. Re!%&ation of 0is#er" Ati'ities Inidenta& to Po)er to Grant0is#er" Pri'i&e!esC" designating the seasons of the "ear when fishing rights might eexercised and the manner of so doing, that no detriment should there"result to the development of the fishing industr" and occasion a decreasein the numer of fish in municipal waters, and " prescriing the form ofthe fishing weirs or devices which might e constructed in the respectiveseasons, 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 >&$.&4& d.! 6ec. 170 >$ >'$.&4' ;S v. 2aring, &4 Phil. 100 >1017$.E);8)ME)!2<


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destruction due to illegal fishing activities is not unconstitutional. !heaccomplishment of the first ojective is well within the devolved power toenforce fisher" laws in municipal waters which allows the estalishment of?closed seasons. !he realization of the second ojective falls within oththe general welfare clause of the 10+3$.&4 %ano v. Socrates, B.. )o. 11+&70, 2ugust &1, 100*, &*4 6/2 17.&43 ;S v. Sumulong, '+ Phil. '41 >101$.E);8)ME)!2<


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!he (2 determines rental rates for fishpond areas covered " fishpondlease agreements and license fees for commercial fishing oat licenses. 8talso prescries fees and other fisher" charges and issues thecorresponding license or permit for fishing gear, fishing accessories, andother fisher" activities e"ond municipal waters.&44

!he (2 ma" prescrie limitations or Duota on the total Duantit" of fishcaptured, for a specified period of time and specified area. 8n municipalwaters and fisher" management areas, and waters under the jurisdictionof special agencies, catch ceilings ma" e estalished upon theconcurrence and approval or recommendation of such special agenc" andthe concerned 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 $oos8n commercial fishing,&07 the owner, licensee, master, or an" person-inchargeof a fishing vessel @eeps record oo@s on oard the oat reflectingdetails of the oat5s fishing activities in the past five "ears. !hese recordoo@s are @ept on oard the fishing vessel to e presented upon demand" fisher" law enforcers, except when the oat is dr" doc@ed orundergoing repairs and, therefore, not in operation.&0 !he C2 (irectoror fisher" law enforcement officers also have the power to oard fishingvessels, whether licensed or not, for the purpose of inspecting the fishholds or oxes containing fish or fisher"GaDuatic products and investigatingpersons found therein.&03 !he" also have the power to ta@e fish samples inDuantit" of not more than one >1$ @ilo, or onl" one >1$ fish if it weighs morethan a @ilo, for an on-the-spot or scientific examination to determine


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whether the same was caught " means of explosives, or " poisonous oronoxious 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 esuspected 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+$# !he ta@ing of fisher" species " passive or active gear for trade, usiness andprofit e"ond susistence or sports fishing.&0 isheries 2dministrative rder >2$ )o. 104, s. &+++, ?ules and egulations on/ommercial ishing, 6ec. && and &7.&03 d.! 6ec. &3.&0* d.! 6ec. &*.E);8)ME)!2< 2$ )o. &++, s. &+++ FBuidelines and Procedures in 8mplementing 6ec.4* of the Philippine isheries /ode of 1004.'+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


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determined " the appropriate government agenc".'+& d., 6ec. 7 >7+$ >a$# ishing device characterized " gear movements, andGor the pursuit of thetarget species " towing, lifting, and pushing the gears, surrounding, covering, dredging,pumping, and scaring the target species to impoundments% such as, ut not limited to, trawl,purse seines, (anish seines, ag nets, paaling, drift gill net, and tuna longline.'+' d., 6ec. 0 Bear and methods that reDuire diving, other ph"sical or mechanical acts to poundthe coral reefs and other haitat to entrap, gather or catch fish and other fisher" species.'+7 d., 6ec. 7 >*1$# 2lso called magic light, is a t"pe of light using halogen or metal halide ulwhich 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" ord"namo coupled with the main engine.E);8)ME)!2< &7$# 2 stationar" weir or trap devised to intercept and capture fish consisting ofrows of amoo sta@es, plastic nets, and other materials fenced with split lood mattings or wiremattings with one or more enclosures, usuall" with eas" entrance ut difficult exit, and with or


67/116

without leaders to direct the fish to the catching chamers, purse or ags.'1+ d., 6ec. 7 >&*$# 2n artificial enclosure constructed within a od" of water for culturing fish andfisher"GaDuatic resources made up of poles closel" arranged in an enclosure with woodenmaterials, screen or n"lon netting to prevent escape of fish.'11 d., 6ec. 7 >&'$# 2n enclosure which is either stationar" or floating made up of nets or screenssewn or fastened together and installed in the water with opening at the surface or covered andheld in a place " woodenGamoo posts or various t"pes of anchors and floats.'1& d., 6ec. 43.'1' d.! 6ec. 44 >1$.E);8)ME)!2< i$ )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 nornavigating 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$ iii$ Buidelines and Procedures in 8mplementing 6ection 4*of the Philippine isheries /ode of 1004$, is found to contain freshl" caught


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showing positive results has not een properl" safeguarded and nothing ofthe poisonous sustance was found in the oat upon apprehension. '&1G. Confisation and 0orfeit%rePoaching entails confiscation of the catch, fishing eDuipment and fishingvessel.'&&

8n fishing with explosives, noxious and poisonous sustances, and electrofishing,the explosives, noxious or poisonous sustances andGor electricaldevices, as well as the fishing vessels, fishing eDuipment and catch, shall eforfeited.'&' 8n fishing with active gear in municipal waters, a"s and fisher"management areas, the catch shall e confiscated and forfeited.'&7 8n fishingwith superlights, the superlight, fishing gears and vessel shall econfiscated.'&8n coral exploitation and exportation, the collected corals and the vesselused are forfeited.'&3 8n muro-ami, the catch and gear used is confiscated. 8nthe gathering of sand, silica and peles, the sustance ta@en shall econfiscated.'&*

8n the conversion of mangroves, if the area reDuires rehailitation orrestoration as determined " the court, the offender shall also e reDuired torestore or compensate for the restoration of the damage.'&4ishing in overfished areas or during closed season or in fisher" reserves,refuge, and sanctuaries, or the ta@ing of rare, threatened, and endangeredspecies entail forfeiture of the catch.'&0 ishing in violation of catch ceilingsentails 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.E);8)ME)!2<


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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 vesselsalso fall under the term fishing eDuipment ecause a fishing eDuipment isnever complete and cannot e effectivel" used in off-shore or deep-sea

fishing without the fishing oat or fishing vessel itself. )o useful purposecan e served in tr"ing to distinguish etween oat and vessel. !heaccepted definition of vessel includes Hever" description of water craft,large or small, used or capale of eing used as a means of transportationon waterH and the word oat in its ordinar" sense, means an" watercraft.''7-. Warrant&ess Sear# and Sei5%re of 0is#in! Vesse&s6earch and seizure without a search warrant of vessels and aircraftsfor violations of customs laws have een the traditional exception to theconstitutional reDuirement of a search warrant. 8t is rooted on therecognition 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 warrantmust e sought and secured. Nielding to this realit", judicial authoritieshave not reDuired a search warrant of vessels and aircrafts efore theirsearch and seizure can e constitutionall" effected. !he same exceptionapplies to seizures of fishing vessels and oats reaching fisher" laws. 2ssuch, the fish and other evidence seized in the course of a warrantlesssearch 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.E);8)ME)!2<


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@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 hascustod" thereof through the Philippine )av". 8n an analogous case, wherethe illegal fishing was committed in the town where the court sits, the factthat the fishing vessels and eDuipment were confiscated in another town

does not affect the jurisdiction of said court.''42. Co%rt Cannot Order Re&ease of Sei5ed 0is#in! Para+#erna&ia %+ont#e J%stifiation t#at Confisation fo&&o)s on&" after Con'ition andt#at t#e Witnesses are S%ffiient for Con'ition e'en )it#o%t t#eSei5ed E'idene!he court cannot order the release of seized fishing paraphernaliaased on the justification that the same can onl" e ordered confiscatedupon conviction " final judgment and that the prosecution still could provethe guilt of the accused e"ond reasonale dout even without the seizeditems 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 whichconstitutes a crime and the repossession of which would sujectdefendant to criminal penalties and frustrate the express polic" against thepossession 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)ME)!2<


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-. Disso&%tion of Sei5%re Warrant *" t#e Co%rt!he court where the criminal case for illegal possession of d"namitedor poisoned fish is eventuall" filed cannot legall" dissolve the seizurewarrant of the fisher" officer on the ground that what should have eenta@en was onl" a sample. 9hile the isher" 2dministrative rder'7' states

that onl" a sample must e ta@en, this is onl" for purposes of determiningif the fish was caught illegall". nce it is alread" determined, the entirecatch must e seized.'77 /onversel", seizure of the entire catch, instead ofa mere sample, even efore the determination that the

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