Lecture on PD No.

705, as amended, Rules of Procedure

on Environmental Cases and DAO No. 97-32
 PART I

BASIC FORESTRY LAW

PRESIDENTIAL DECREE NO. 705,or the Revised

Forestry Code of the Philippines As amended by
P.D. No. 1559, P.D. No. 865, P.D. No. 1775, Batas
Pambansa (B.P.) Blg. 701, B.P. Blg. 83, Republic
Act (R.A.) No. 7161, Executive Order (E.O.) No.
277 and 83 O.G. No. 31
 OFFENSES PUNISHABLE UNDER SEC. 68 OF PD 705, AS
AMENDED BY EO 277, SERIES OF 1987:

1.Cutting, gathering, collecting or removing of timber or

other forest products from any forest land without
authority.

ELEMENTS:
a) there must be cutting, gathering, collecting or removing of timber or
other forest products

b) the timber or other forest product is cut, gathered, collected or

removed from any forest land

c) the cutting, gathering, collecting or removing without authority

2. Cutting, gathering, collecting or removing of timber from
alienable or disposable public or from private land

ELEMENTS:

a) there must be cutting, gathering, collecting or removing of

timber

b) the timber is cut, gathered, collected or removed from

alienable or disposable public or from private land.

c) the cutting, gathering, collecting or removingwithout authority

3. Possession of timber or other forest products
without the legal documents as required under
existing forest laws and regulations

ELEMENTS:
a) Possession of timber or other forest products

b) the possessor is without the legal documents

as required under existing forest laws and
regulations
 PERSONS LIABLE UNDER SEC. 68 OF PD 705, AS
AMENDED BY EO 277,SERIES OF 1987:
1. the cutter
2. the gatherer
3. the collector
4. the remover
5. the possessor (ex. Truck Driver and Truck Owner under DAO
97-32)
6. or any person who appear to be responsible for the
commission of the offense
7. In case partnerships, associations, or corporations, the
officers who ordered the cutting, gathering, collection or
possession
 PART II

Two Cases Arising from Violations of P.D. No.

705, as amended:
1. CRIMINAL PROSECUTION
governed by:
a) AM 09-6-8-SC or the Rules of Procedure for Environmental
Cases

b) Article 309 to 310 of the Revised Penal Code

c) The Revised Rules of Criminal Procedure (applied in

suppletory manner only)

d) The Rules on Evidence (applied in suppletory manner only)

2. ADMINISTRATIVE ADJUDICATION

governed by:

a) Department Administrative Order (DAO) No. 97-32

b) The Revised Rules of Criminal Procedure (applied in

suppletory manner only)

d) The Rules on Evidence (applied in suppletory

manner only)
 AM 09-6-8-SC

Rules of Procedure
for Environmental Cases

date of effectivity: April 13, 2010

 PART 5
CRIMINAL PROCEDURE

RULE 9
PROSECUTION OF OFFENSES

Section 1. Who may file. - Any offended party, peace officer or any public officer
charged with the enforcement of an environmental law may file a complaint before the
proper officer (City or Provincial Prosecutor)in accordance with the Rules of Court.

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

of an environmental law and subscribed by the prosecutor, shall be filed with the court.

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

party, a counsel whose services are offered by any person or organization may be
allowed by the court as special prosecutor, with the consent of and subject to the
control and supervision of the public prosecutor.
 What to file?
Answer:
CRIMINAL COMPLAINT subscribed/notarized by the City
or Provincial Prosecutor, with the following attachments:

1. Affidavit of Apprehending Officers

- Executed by all those involved in the apprehension
including, but not limited to, DENR personnel, City of
Municipal Environment and Natural Resources Officer,
PNP, AFP, Barangay Officers, NGOs or private individuals
2. Apprehension Receipt
- Issued by the Apprehending Officers, including,
but not limited to, DENR personnel, City of Municipal
Environment and Natural Resources Officer, PNP,
AFP, Barangay Officers, NGOs or private individuals;

3. Seizure Receipt
- Issued by the CENRO or other officers authorized
by DAO 97-32 to issue seizure receipts.
4. Tally Sheet
- Showing the inventory, volume etc of the
apprehended forest products

5. Photographs (forest products and

convenyances)
- Taken during apprehension, during
scaling/inventory of the apprehended forest
products, during administrative adjudication and
other relevant events necessarily connected to the
apprehension
6. Minute of Administrative Deliberation
- Complete account of the proceedings during
the administrative deliberation, preferably with
photographs. NOTE: Attendance Sheet is very
important!

7. Other documents
 Where to file?

CITY or PROVINCIAL PROSECUTOR

 When to file?
a) If arrested in flagrante delicto:
- W/in six (6) hours from the arrest and seizure, the arresting
officer shall deliver the offender together with the tools, equipment,
and forest products to the appropriate officer for the filing of the
complaint and/or information.

b) Regular cases
- Within reasonable time
 RULE 11
ARREST
Section 1. Arrest without warrant; when lawful. - A peace officer or an
individual deputized by the proper government agency may, without a
warrant, arrest a person:

(a) When, in his presence, the person to be arrested has committed,

is actually committing or is attempting to commit an offense; or

(b) When an offense has just been committed, and he has probable
cause to believe based on personal knowledge of facts or circumstances
that the person to be arrested has committed it. Individuals
deputized by the proper government agency who are enforcing
environmental laws shall enjoy the presumption of regularity under
Section 3(m), Rule 131 of the Rules of Court when effecting arrests for
violations of environmental laws.
 Salient Features of
DAO No. 97-32
THE 1997 RULES FOR THE ADMINISTRATIVE ADJUDICATION OF
ILLEGAL FOREST PRODUCTS AND THE MACHINERY, EQUIPMENT,
TOOLS AND CONVEYANCES USED IN CONNECTION THEREWITH

The issuance of this DENR Administrative Order is pursuant to

Section 9 of PD 705
 Section 9 of PD 705
• Sec. 9. Rules and Regulations – The
Department Head, upon the recommendation
of the Director of Forest Development (now
the Forest Management Bureau), shall
promulgate the rules and regulations
necessary to implement effectively the
provisions of this Code.
 Coverage of DAO 97-32
• Apprehension
• Seizure
• Confiscation
• Disposition of:
– Forest products, which are:
• Illegally possessed
• Illegally cut
• Illegally gathered
• Illegally removed
• Illegally transported
• Disposition of (used in connection of the
illegal acts):
– Machinery
– Equipment
– Tools
– Implements
– Conveyances
 DEFINITION
Apprehension – The initial measure taken by the
DENR when, having determined the existence of
probable cause to do so, items listed as ILLEGAL
FOREST PRODUCTS, are found or intercepted and
the temporary possession and control over the
same is taken/exercised by those authorized to
make apprehensions

Probable Cause – It is that logical inquiry that

would lead a reasonable intelligent and prudent
person to believe that an accused person has
committed a crime.
Subject of Administrative Confiscation/Seizure:

1) Fruits of the crime

2)All conveyances, either by land, water or air used in

the commission of the offense

3) All tools and equipment used in committing the

offense
 DEFINITION
Seizure – Upon determination that an apprehension is
supported by a prima facie case against the offender/s,
seizure is the official act of taking by person authorized
hereof into government custody, pending formal
administrative proceedings for the disposition thereof.

Prima Facie Case (“On its face”)– A case in which the

evidence presented is sufficient for a judgment to be
made unless the evidence is contested
 CONFISCATION
Upon determination of guilt in administrative proceedings,
confiscation is the official act of the DENR declaring that
the ILLEGAL FOREST PRODUCTS become the property of
the Government of the Republic of the Philippines.
 WHAT ARE ILLEGAL FOREST PRODUCTS?
Any forest product(s) that are removed, cut, collected, possessed and/or
transported:

1. Without the requisite authorization or permit;

2. With incomplete required supporting documents;

3. With genuine authorizations or permits and/or supporting

documentation that have an expired validity; have been cancelled or t that
contain forged entries;

4. With spurious or fake authorizations, permits, and/or supporting

documentation.

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.
PERSON AUTHORIZED TO MAKE
APPREHENSIONS
Forest Officers
Deputies
Members of law enforcement agencies
Private citizen as provided for by law
 PERSON AUTHORIZED TO EFFECT
SEIZURES
Regional Director (RD) or in his absence, any DENR
Regional Technical Director (RTD) actually assigned to
the area of apprehension at the time thereof;

Provincial Environment and Natural Resources Officer

(PENRO) or in his absence, any Senior Forest
Management Specialist (SFMS) or Senior
Environmental Management Specialist (SEMS)
actually assigned to the area of apprehension;
• Community Environment and Natural Resources
Officer (CENRO) or in his absence, a 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;

• Secretary may, from time to time, designate, in

writing, such other DENR Officers for the purpose
 PROCEDURE TO BE STRICTLY FOLLOWED
Upon encountering a possible violation of forestry laws, rules and
regulations, the apprehending officer shall establish his identity to
any person(s) witnessing the activity;

He must conduct an ocular inspection of all the required

authorizations and verify the same. If all requisite authorizations,
permits, and accompanying documentations are verified to be in
order, and the probable cause for an apprehension is absent, the
release of all the items inspected must be effected immediately;

An official DENR seal of inspection/verification must be rubber-

stamped on the face of all the transport documents inspected. In
the absence of an official DENR seal, the apprehending officer
shall write the date and state the fact of inspection. The
apprehending officer shall at all times affix his signature.
 Should inspection indicate a violation of forestry laws,
rules and regulations, and the probable cause for an
apprehension is present, the apprehending officer shall
verbally inform the person apprehended of his findings
and prepare a written report of the violations including
the recording the names and addresses and other
available data of all persons found in possession or are
involved including the tools, machineries if any and issue
apprehension receipts corresponding to the items
apprehended;

The apprehending officer shall thereafter prepare a

detailed report of apprehension under oath or an
affidavit of apprehension for the possible institution of a
criminal complaint;
 The apprehending officer shall immediately deliver
the items apprehended to the nearest Seizure Officer
who shall forthwith acknowledge, sign and issue Seizure
Receipt detailing the items, date and incident of the
apprehension for custody;

In case it is impracticable to deliver the apprehended

items to the Seizure Officer, the apprehending officer
shall deposit the same for temporary safekeeping under
him or any public officers or elected officials or person
with proven integrity in the community where the
apprehension was effected
 PROCEDURE FOR SUMMARY
ADMINISTRATIVE SEIZURE

Immediately upon receipt of the apprehended items, the

Seizure Officer shall verify the existence of a prima facie
case against the offender by examining all the documents
submitted to him as well as the apprehending officer and
witnesses in order to satisfy himself that an offense has
been committed, that the evidence at hand indicates the
offender is probably guilty thereof, and that the items are
proceeds of the violation.

Should he find a prima facie case against the offender, the

Seizure Officer shall immediately declare this fact by
issuing a Seizure Order;
 PROCEDURE ON SUMMARY
ADMINISTRATIVE CONFISCATION
Immediately upon, or as soon as practicable after the
issuance of a Seizure Order, the Seizure Officer shall set a
hearing notifying the offender and all concern as well as
interested parties;

The proceedings shall be recorded and summary in nature.

What is a Summary Proceeding?

- Legal proceedings are regarded as summary when they
are shorter and simpler than the ordinary steps in a suit.
- the formal procedures normally applicable to matters such
as conducting discovery are dispensed with
 DECISION
The Decision shall be rendered by the RED upon the recommendation
of the Hearing Officer.

Substantial Evidence shall suffice to sustain an administrative decision

adverse to interested parties, failing which, a ruling shall be issued
dismissing the case, and the controversy deemed closed and ordering
that the item seized returned to the concerned individual or entity;

 Substantial Evidence- relevant evidence as a reasonable mind might accept as

adequate to support a conclusion.

Decision shall become final and executory upon the lapse of 15 days
from receipt thereof unless a Motion for Reconsideration or an
Appeal is filed;
Party aggrieved by the decision may file only one (1)
Motion for Reconsideration within a non-extendible period
of 15 days;

Party aggrieved has a non-extendible period within which

to appeal any adverse decision or ruling on the matter
with the Office of the Secretary
 PART III

JURISPRUDENCE
• Forest products or conveyances confiscated or seized
pursuant to P. D. 705 are in custodia legis (Calub vs.
Monsanto, et al.,G. R. 105889, July 20, 1992,
Appoendix “V”) and applied by the Court of Appeals in
Galeon vs. Hon. Getulio M. Francisco, et. Al.(C.A. G.R.
S.P. No. 29693, July 30, 1993).

• Basis: The power of the DENR to seize or confiscate

undocumented forest products, including conveyances
is conferred by law, namely: Sec. 68-A of P. D. 705.
Mere possession of timber without the legal
documents required under forest laws and
regulations makes one automatically liable of
violation of Section 68, Presidential Decree
(P.D.) No. 705, as amended. Lack of criminal
intent is not a valid defense. (Villarin vs People
of the Philippines, GR No. 175289, August 31,
2011)
Section 68 penalizes three categories of acts: (1) the cutting, gathering, collecting, or removing of
timber or other forest products from any forest land without any authority; (2) the cutting, gathering,
collecting, or removing of timber from alienable or disposable public land, or from private land without
any authority; and (3) the possession of timber or other forest products without the legal documents as
required under existing forest laws and regulations. 15

Petitioners were charged under the third category, i.e., of possessing and in control of 29 pieces of narra
lumber without the legal requirements as required under existing forest laws and regulations.

Illegal possession of timber is an offense covered by special law and is malum prohibitum. Thus, criminal
intent is not an essential element of the offense. However, the prosecution must prove intent to possess
or animus possidendi.16

Possession, under the law, includes not only actual possession, but also constructive possession. Actual
possession exists when the object of the crime is in the immediate physical control of the accused. On
the other hand, constructive possession exists when the object of the crime is under the dominion and
control of the accused or when he has the right to exercise dominion and control over the place where
it is found.17

Thus, conviction need not be predicated upon exclusive possession, and a showing of non-exclusive
possession would not exonerate the accused. Such fact of possession may be proved by direct or
circumstantial evidence and any reasonable inference drawn therefrom. 18
(G.R. No. 193313, March 16, 2016 ERNIE IDANAN, NANLY DEL BARRIO AND MARLON
PLOPENIO, Petitioners, v. PEOPLE OF THE PHILIPPINES, Respondent.)
 No Search Warrant, No Problem
The Constitution recognizes the right of the people to be secured in their persons, houses,
papers, and effects against unreasonable searches and seizures. 23 Nonetheless, the constitutional
prohibition against warrantless searches and seizures admits of certainexceptions, one of which is
seizure of evidence in plain view.1âwphi1 Under the plain view doctrine, objects falling in the
"plain view" of an officer, who has a right to be in the position to have that view, are subject to
seizure and may be presented as evidence.24

There is no question that the DENR personnel were not armed with a search warrant when they
went to the house of the petitioner. When the DENR personnel arrived at the petitioner’s house,
the lumbers were lying under the latter’s house and at the shoreline about two meters away from
the house of the petitioner. It isclear, therefore, that the said lumber is plainly exposed to sight.
Hence, the seizure of the lumber outside the petitioner’s house falls within the purview of the
plain view doctrine.
Besides, the DENR personnel had the authority to arrest the petitioner, even without a warrant. Section 80 25 of
the Forestry Code authorizes the forestry officer or employee of the DENR or any personnel of the Philippine
National Police to arrest, even without a warrant, any person who has committed or is committing in his
presence any of the offenses defined by the Forestry Code and to seize and confiscate the tools and equipment
used in committing the offense orthe forest products gathered or taken by the offender. Clearly, in the course
ofsuch lawful intrusion, the DENR personnel had inadvertently come across the lumber which evidently
incriminated the petitioner.

The fact of possession by the petitioner of the 24 pieces of magsihagonlumber, as well as her subsequent
failure to produce the legal documents as required under existing forest laws and regulations constitute
criminal liability for violation of the Forestry Code. Under Section 68 of the Forestry Code, there are two
distinctand separate offenses punished, namely: (1) cutting, gathering, collecting and removing timber or other
forest products from any forest land, or timber from alienable or disposable public land, or from private land
withoutany authority; and (2) possession of timber or other forest products without the legal documents
required under existing forest laws and regulations.26

G.R. No. 205015               November 19, 2014 MA. MIMIE CRESCENCIO, Petitioner, 

vs. PEOPLE OF THE PHILIPPINES, Respondent.
 RA 10951 (amended Article 309 of the
Revised Penal Code)
• ART. 309. Penalties. - Any person guilty of theft shall be punished by:
• "1. The penalty of prision mayor in its minimum and medium periods,
if the value of the thing stolen is more than One million two hundred
thousand pesos (P1,200,000) but does not exceed Two million two
hundred thousand pesos (P2,200,000); but if the value of the thing
stolen exceeds the latter amount, the penalty shall be the maximum
period of the one prescribed in this paragraph, and one (1) year for
each additional One million pesos (P1,000,000). but the total of the
penalty which may be imposed shall not exceed twenty (20) years. In
such cases, and in connection with the accessory  penalties which
may be imposed and for the purpose of the other provisions of this
Code, the penalty shall be termed prision mayor or reclusion
temporal, as the case may be.
"2. The penalty of prision correccional in its medium and maximum
periods, if the value of the thing stolen is more than Six hundred thousand
pesos (P600,000) but does not exceed One million two hundred thousand
pesos (P1,200,000).

"3. The penalty of prision correccional in its minimum and medium periods,
if the value of the property stolen is more than Twenty thousand pesos
(P20,000) but does not exceed Six hundred thousand pesos (P600 ,000).

"4. Arreslo mayor in its medium period to prision correccional in its

minimum period, if the value of the property stolen is over Five thousand
pesos (P5,000) but does not exceed Twenty thousand pesos (P20,000).
"5. Arresto mayor to its full extent, if such value is over Five hundred pesos (P500) but does
not exceed Five thousand pesos (P5,000).

"6. Arresto mayor in its minimum and medium periods, if such value does not exceed Five
hundred pesos (P500).

"7. Arresto menor or a fine not exceeding Twenty thousand pesos (P20,000), if the theft is
committed under the circumstances enumerated in paragraph 3 of the next preceding
article and the value of the thing stolen does not exceed Five hundred pesos (P500). If such
value exceeds said amount, the provisions of any of the five preceding- subdivisions shall be
made applicable. 

8. Arresto menor in its minimum period or a fine of not exceeding Five thousand pesos
(P5,000), when the value of the thing stolen is not over Five hundred pesos (P500), and the
offender shall have acted under the impulse of hunger, poverty, or the difficulty of earning a
livelihood for the support of himself or his family."
Art. 310. Qualified theft. — The crime of theft shall be
punished by the penalties next higher by two degrees than
those respectively specified in the next preceding article, if
committed by a domestic servant, or with grave abuse of
confidence, or if the property stolen is motor vehicle, mail
matter or large cattle or consists of coconuts taken from the
premises of the plantation or fish taken from a fishpond or
fishery, or if property is taken on the occasion of fire,
earthquake, typhoon, volcanic erruption, or any other
calamity, vehicular accident or civil disturbance. (As
amended by R.A. 120 and B.P. Blg. 71. May 1, 1980).
Section 68. Cutting, gathering and/or collecting timber or other
products without license. Any person who shall cut, gather, collect,
or remove timber or other forest products from any forest land, or
timber from alienable and disposable public lands, or from private
lands, without any authority under a license agreement, lease,
license or permit, shall be guilty of qualified theft as defined and
punished under Articles 309 and 310 of the Revised Penal Code;
Provided, That in the case of partnership, association or corporation,
the officers who ordered the cutting, gathering or collecting shall be
liable, and if such officers are aliens, they shall, in addition to the
penalty, be deported without further proceedings on the part of the
Commission on Immigration and Deportation.