FLE Primer

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FORESTRY LAW ENFORCEMENT JANUARY 2017

Republic of the Philippines Department of Environment and Natural Resources FOREST MANAGEMENT BUREAU

FOREWORD

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s early as 2013, the FMB has conducted nationwide reorientation trainings on the enforcement of forestry laws, rules and regulations. A major output of said activity is the identification and consolidation of the common issues and concerns encountered by the DENR frontliners and field personnel, as well as the other law enforcement agencies (LEAs) in the conduct of their forest laws enforcement operations. Hence, the birth of this Primer. This Primer serves as guide on the stages of apprehension, administration, adjudication and prosecution as provided in Presidential Decree No. 705 as amended, known as Forestry Reform Code, and its corresponding implementing rules and regulations as embodied in the DENR Administrative Order (DAO) No. 97-32.

The substance of other forestry laws like Presidential Decree No. 953, Republic Act No. 9175 known as the Chainsaw Act, and the New Rules of Procedure for Environment Cases are incorporated here. A simple reminder on forest related jurisprudence, doctrines and principles are likewise included. May the readers of this Primer find this as a useful tool and a quick guide to make their forest enforcement activities be efficient and effective. Together, let us make our forest achieve a sustainable phase.

RICARDO L. CALDERON

ATTY. ALMA DELOS REYES-LANZO

Director

Chief, Interim Legal Office

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TABLE OF CONTENTS

Foreword

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I. Flowchart of Administrative Adjudication of Violation of Section 77 of P.D. 705 (See inside back cover) Comments on the Flowchart

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II. Guidelines for Apprehension

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III. Sample Illustrations on Steps of Apprehension

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IV. Technical Bulletin No. 7 (Common Issues on DAO 97-32)

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V. Presidential Decree No. 705, as amended

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VI. Republic Act No. 9175

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VII. Executive Order No. 23

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VIII. Salient Features of The New Rules of Procedure for Environmental Cases

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IX. Jurisprudence

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X. Recent Issuance/Manual of Authorities on Technical Matters

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References Acknowledgment

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COMMENTS ON THE FLOWCHART DETERMINATION OF PROBABLE CAUSE The Apprehending Officer will determine probable cause by examining the documents of the alleged offender. Timber and/or any forest products are considered illegal if it was removed, cut, collected, processed, transported, and/or possessed: a. Without the requisite authorization or permit; b. With incomplete required supporting documents; c. With genuine authorizations or permits and/or supporting documentation that have an expired validity, have been cancelled or that contain forged entries; or d. With spurious (fake) authorizations, permits and/or supporting documentation.

In implementing these Rules, Original Documents shall be required at all times to actually accompany any forest products being moved or transported to any place and for any purpose. Whenever the requisite authorization and/or supporting documentation are required but do not actually accompany the forest products, such absence constitutes a violation covered by these Rules.

It is presumed that the alleged offender intended to defraud the Government if: a. In case the quantity or volume of a shipment or stock of forest products exceeds what is authorized, documented, manifested or declared: i. by five percent (5%) or more, in case of timber; and/ or ii. by two percent (2%) or more, in case of lumber; or b. Upon discovery of a misdeclaration on the quantity and species being verified.

Based on the examination of the documents pertaining to the forest products, the Apprehending Officer finds that there is probable cause to apprehend.

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Apprehending Officer shall personally examine the alleged offender and any witnesses appearing before him in order to satisfy himself that an offense has been committed, the evidence at hand indicates the offender is probably guilty thereof, and that the items are the proceeds of the violation.

Once the Apprehending Officer is satisfied that there is probable cause of violation, he will then proceed to apprehend the forest products and the violators, if any.

APPREHENSION It is the temporary possession and control over illegal forest products, machinery, equipment, tools, implements and conveyance used in possessing, gathering, collecting, processing or transporting of such illegal forest products.

Who may apprehend?

1. Forest Officers 2. Deputies 3. Members of LEA 4. Private citizens In Apprehension, Warrantless Arrest is allowed under the following circumstances: 1. When, in the presence of a law enforcer, the person to be arrested has committed, is actually committing, or is attempting to commit an offense; 2. 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.

ABANDONED ILLEGAL FORESTS PRODUCTS For abandoned forest products, the Apprehending Officer shall: 1. Photograph and document the items and the scene of the crime;

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2. Identify, date, caption, and write his full name and affix his signature at the back of each photo; and 3. Post a Notice of Apprehension on site.

POSTING A NOTICE OF APPREHENSION A notice of apprehension shall be left by the Apprehending Officer on-site, posted or tacked into the nearest tree, wall or other similar permanent structure. The Notice of Apprehension shall contain the following: 1. Date, time and place of the apprehension; 2. Full printed name, designation and signature of the apprehending officer; 3. Complete, itemized list of the item(s) apprehended; 4. Summary statement of the violation(s) cited; and 5. Full printed name and office address of the seizure officer to whom said items will be submitted as required by these Rules.

APPREHENSION AND PREPARATION OF APPREHENSION REPORT AND RECEIPT The Apprehending Officer shall prepare an Apprehension Report to be submitted to the nearest Seizure Officer.

After accomplishment of the general requirements for apprehension, Apprehension Receipt shall be prepared and given to the offender with the following information: 1. Precise nature of the offense; 2. Time, date and place of issuance of Apprehension Report; and 3. Full names in print and signature of both the Apprehending Officer and of the offender(s).

Provisional Apprehension Receipt A Provisional Apprehension Receipt shall be issued if additional time is required to complete the counting, measuring, scaling, weighing and/or value estimation and description of the items

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being apprehended and must contain the date, time and place of resumption of such activities.

DELIVERY OF APPREHENDED ITEMS The apprehended items must be delivered to the nearest Seizure Officer The following may act as Seizure Officer:1 1. DENR Regional Executive Director (RED)/ Regional Director (RD) or, in his absence, any DENR Regional Technical Director (RTD)/ Assistant Regional Director- Technical (ARD-T); 2. Provincial Environment & Natural Resources Officer (PENRO) or, in his absence, any Senior Forest Management Specialist (SFMS) or Senior Environmental Management Specialist (SEMS); 3. Community Environment & Natural Resources Officer (CENRO) or, in his absence, any DENR Officer with the rank of Forester III or Land Management Officer III (LMO III) actually assigned to the area of apprehension at the time thereof; and 4. Other officials designated by the Secretary NOTE: Issuance of Seizure Receipt must contain the following: 1. Date, place, time; 2. Name of Apprehending Officer or individual; and 3. List of items.

If delivery cannot be effected, temporary safekeeping shall be at the nearest government office, otherwise, Apprehending Officer or individual must keep it until delivery to Seizure Officer.

VERIFICATION OF EXISTENCE OF A PRIMA FACIE CASE Seizure Officer shall verify the existence of prima facie case by personally examining the Apprehending Officer and any witnesses appearing before him.

1 See page 56 on AAP as per Manual of Authorities on Technical Matters.

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ISSUANCE OF RELEASE ORDER In the absence of a prima facie case, the Seizure Officer shall issue an Order for the immediate release of the apprehended forest products.

ISSUANCE OF SEIZURE RECEIPT OF ITEMS APPREHENDED AND SEIZURE ORDER If there exists a prima facie case, the Seizure Officer shall issue a Seizure Order and Seizure Receipt

ISSUANCE AND POSTING OF NOTICE OF HEARING Notice of Hearing shall be issued by Seizure Officer to the parties concerned within one (1) calendar week from the date of Seizure Order or two (2) calendar weeks upon written request of all parties.

Posting of Notice of Hearing for Abandoned Illegal Forest Products Notice of Hearing shall be posted three (3) times (once every week for three (3) consecutive weeks) in three (3) public places.

ADJUDICATION PROCEEDINGS OR HEARING PROPER Hearing proper (Seizure Officer is also the Hearing Officer): a. Summary hearing; b. Counsel is allowed; c. Application of Rules of Court shall be suppletory in character; and d. Submission of Memorandum

TEMPORARY RELEASE OF CONVEYANCE Temporary Release of Conveyance MAY BE allowed, subject to the following requirements:

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1. Converyance must be for personal, commercial, or any legal use; 2. Submission of Original Official Receipt (OR) and Certificate of Registration (CR); 3. Applicant/movant is: a. Not among the apprehended offenders; b. Not previously held administratively/criminally liable for violation of forestry laws; c. Available evidence does not indicate participation therein; d. Must execute an Affidavit of Undertaking containing the following: i. Declaring the precise nature of his claim thereon; ii. Declaring that he has not previously been held administratively or criminally liable for violation of forestry laws; iii. Describing the precise lawful use(s) to which the conveyance shall/may be applied during the pendency of the case; iv. Stating the replacement cost of the conveyance at the time the application is filed; and v. An unconditional undertaking to return possession of the conveyance to the DENR as may be required for the final disposition of the case.

DECISION The Regional Director (RD)/ Regional Executive Director (RED), upon recommendation of the Hearing Officer, will render a decision based on substantial evidence and shall become final and executory upon the lapse of fifteen (15) calendar days unless a Motion for Reconsideration is filed.

MOTION FOR RECONSIDERATION 1. Only one Motion for Reconsideration is allowed; 2. It must be filed within 15 calendar days upon receipt of the decision of the Regional Director.

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APPEAL TO THE DENR SECRETARY Within a non-extendible period of fifteen (15) calendar days from the receipt of the denial of the Motion for Reconsideration, a party may file a Notice of Appeal to the Office of the Secretary with attached proof of payment of Appeal fee.

MOTION FOR RECONSIDERATION 1. Only one Motion for Reconsideration is allowed; 2. It must be filed within 15 calendar days upon receipt of the decision of the Secretary.

APPEAL TO THE OFFICE OF THE PRESIDENT APPEAL TO THE COURT OF APPEALS PETITION FOR CERTIORARI TO THE SUPREME COURT FINALITY OF DECISION Once the decision is already final and executory, the USEC for Legal shall issue a Certificate of Finality with a recommendation for its execution. The records will then be remanded to the Region for implementation of final and executory Decision.

TERMINATION OF THE CASE Upon approval by the Secretary, confiscated items shall become permanent property of the Government and shall be disposed of in accordance with law. The Secretary’s approval shall be attached to and shall form part of the permanent records of the case which, from the date thereof, is considered terminated and closed.

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II. GUIDELINES FOR APPREHENSION AND WARRANTLESS ARREST 1. Evaluate if there is a necessity to seek assistance or proceed independently: a. If assistance is needed, coordinate with other law enforcement agencies; or b. If assistance is unnecessary, proceed to guideline number 2.

2. Inform the violator that you are a Forest Officer authorized to conduct apprehension.

3. Inform the violator of the nature and cause of violation; 4. Inform the violator that he/she has the following rights: to remain silent; anything he/she says can be used against him/her; to have a counsel of his/her own choice and if he/ she cannot afford one, the state will provide one for him/her; 5. Document the apprehension using geo-tagged camera and authenticate the photographs and conduct inventory/ scaling of apprehended forest products.

6. Issue corresponding apprehension receipt or notice of apprehension and prepare an apprehension report; 7. Deliver the apprehended forest products, conveyances, tools, and equipment used in cutting, gathering, removing, possessing or abandoning such forest products to the nearest DENR Office to subject it for proper administrative adjudication under DAO-97-32; 8. Deliver the violator/s to the nearest police station to undergo inquest proceeding; and 9. Prepare a complaint and attach all documentary evidence and submit the same to the Inquest Prosecutor.

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III. SAMPLE ILLUSTRATIONS ON STEPS OF APPREHENSION WITH TREE-CUTTING PERMIT 1 Hmmmm...

Bakit kaya siya nagpuputol ng puno?

Matingnan nga!

3 Ito po ang aming Treecutting Permit at permit to use Chainsaw.

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2

Magandang Umaga rin po, ito po ay para sa road widening.

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Magandang Umaga po. Ako po si For Resty isang forest ranger ng ating CENRO. Maaari po bang malaman kung bakit kayo nagpuputol ng puno at kung mayrron kayong permit magputol at gumamit ng chainsaw?

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WITH TRANSPORT DOCUMENTS 1

Naku! May Permit kaya ang mga ito?

3

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III. SAMPLE ILLUSTRATIONS ON STEPS OF APPREHENSION

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Magandang Umaga po. Ako po si For Resty, isang forest ranger ng ating CENRO. Maaari po bang makita ang Transport Permit ninyo?

Ito po ang aming Transport Permit. Meron din po kaming Tree-cutting Permit at Permit to use Chainsaw.

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WITHOUTH TREE-CUTTING PERMIT (also applicable in expired cutting permit) 1

Hmmmm...

Bakit kaya siya nagpuputol ng puno?

Matingnan nga!

3

Wala po.

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III. SAMPLE ILLUSTRATIONS ON STEPS OF APPREHENSION

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Magandang Umaga rin po, ito po ay para sa road widening.

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Magandang Umaga po. Ako po si For Resty isang forest ranger ng ating CENRO. Maaari po bang malaman kung bakit kayo nagpuputol ng puno at kung mayrron kayong permit magputol at gumamit ng chainsaw?

Iniimbitahan po namin kayo sa ating CENRO at dalhin din po natin ang inyong chainsaw at mga naputol na puno. Meron din po kayong karapatang manahimik sapagkat anomang sabihin niyo ay maaaring gamitin laban sa inyo. May karapatan din po kayong kumuha ng sarili ninyong abogado at kung hindi ninyo kaya ay bibigyan kayo ng estado.

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Magandang umaga po! Nahuli po nami siya na nagpuputol ng mga kahoy na walang tree-cutting permit. Violation po ito ng Sec. 77 ng PD 705.

Narito po ang apprehension report at receipt mula sa aming opisina para po sa inquest na gagawin ni prosecutor.

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III. SAMPLE ILLUSTRATIONS ON STEPS OF APPREHENSION

6 CENRO, narito po ang mga na-apprehend naming chainsaw at illegal products.

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DENR-CEN

ADMINIST R AT IVE ADJUD (HE AR ING PROPE

S I M U LTA N E O U S LY

10

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III. SAMPLE ILLUSTRATIONS ON STEPS OF APPREHENSION

NR-CENRO

I VE ADJU DI C ATI O N NG PR OPER )

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WITHOUT TRANSPORT DOCUMENTS 1

Naku! May Permit kaya ang mga ito?

3 Ang pagbyahe ng mga kahoy na walang Transport document ay violation po ng Sec. 77 ng PD 705.

Maaari po ba namin kayong imbitahan sa aming CENRO.

Wala po akong Transport permit.

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III. SAMPLE ILLUSTRATIONS ON STEPS OF APPREHENSION

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Magandang Umaga po. Ako po si For Resty, isang forest ranger ng ating CENRO. Maaari po bang makita ang Transport Permit ninyo?

4

Ito po ang apprehension receipt.

Kailangan po namin dalhin ang mga kahoy at sasakyan na dala ninyo sa aming CENRO. Pati na rin ang chainsaw. Mayroon po kayong karapatang manahimik sapagkat anomang sabihin ninyo ay maaaring gamitin laban sa inyo.

May karapatan din kayong kumuha ng sarili ninyong abogado at kung hindi ninyo kaya ay bibigyan kayo ng estado.

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Sige po.

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5

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Magandang umaga po. Nahuli po namin siyang nagbibyahe ng mga kahoy na walang transport document. Violation po ito ng Sec. 77 ng PD 705.

Narito po ang apprehension report at receipt mula sa aming opisina para po sa inquest na gagawin ni prosecutor.

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III. SAMPLE ILLUSTRATIONS ON STEPS OF APPREHENSION

6 CENRO, narito po ang mga apprehended illegal forest products, conveyances, tools and equipment na ginamit.

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9

DENR-CEN

ADMINIST R AT IVE ADJUD (HE AR ING PROPE

S I M U LTA N E O U S LY

10

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III. SAMPLE ILLUSTRATIONS ON STEPS OF APPREHENSION

NR-CENRO

I VE ADJU DI C ATI O N NG PR OPER )

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ACKNOWLEDGMENTS ARE HEREWITH GIVEN TO: ON-THE-JOB TRAINING STUDENTS BATCH 2016-2017 for the comic illustrations;

THE LEGAL OFFICE TECHNICAL STAFF

for the assistance, cooperation and support they have given in the preparation and compilation of this Primer on Forestry Law Enforcement.

ATTY. ALMA DELOS REYES– LANZO Chief, Interim Legal Office Forest Management Bureau

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YES

NO

Temporary Release of Conveyance

REGIONAL DIRECTOR/SECRETARY/ OFFICE OF THE PRESIDENT COURT OF APPEALS/ SUPREME COURT

Abandoned Illegal Forest Product (S.8)

Posting of Notice of Apprehension (S.8)

Apprehended Illegal Forest Products, etcs. (S.5)

Apprehension Report (S.8.2)

Apprehension (S.3.1)

Determination of Probable Cause (S.4)

Check/Choke Points

COMMUNITY ENVIRONMENT AND NATURAL RESOURCES OFFICE

DENR FIELD MONITORING STATION/ LAW ENFORCEMENT AGENCIES CHECK POINTS

FLOWCHART OF ADMINISTRATIVE ADJUDICATION OF VIOLATION OF SECTION 77 OF P.D. 705

Stamp the Documents as inspected and released (S.4.2)

END

Delivery of Apprehended Items to Seizure Officer (S.6.1)

END

Issuance of Release Order (S.6.2)

NO Verification of Existence of a Prima Facie Case (S.6.2)

Adjudication Proceeding or Hearing Proper (S.7)

Regional Director Decision

END

Motion for Reconsideration

Termination of the Case (S.7.9)

Posting of Notice of Hearing (S.6.2)

Issuance of Seizure Receipt and Seizure Order (S.6.2)

Appeal to the Secretary of DENR (S.7.6)

Finality of Decision

Motion for Reconsideration

Petition for Certiorari to the Supreme Court and Motion for Reconsideration (Rule 45 ROC)

YES

Appeal to the Office of the President and Motion for Reconsideration

Appeal to the Court of Appeals and Motion for Reconsideration (Rule 43 ROC)

FORESTRY LAW ENFORCEMENT

forestry.denr.gov.ph

Republic of the Philippines Department of Environment and Natural Resources FOREST MANAGEMENT BUREAU Visayas Avenue, Diliman, 1100 Quezon City, Philippines T: (632) 927 4788 • F: (632) 920 0374 E: fmbdenr@mozcom.com / fmb@denr.gov.ph