Ra No. 9175
Ra No. 9175
Ra No. 9175
705,
R.A. NO. 9175, E.O. NO. 23,
FLOW CHART OF ADMINISTRATIVE
ADJUDICATION OF VIOLATION OF
SECTION 77 OF P.D 705 AND
NEW RULES OF ENVIRONMENTAL
PROCEDURE
By:
PETROVICH B. TAMAG
PRESIDENTIAL DECREE No. 705
“Revised Forestry Code”
May 19, 1975
PRESIDENTIAL DECREE NO. 705
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
PRESIDENTIAL DECREE No. 705
Elements:
Elements:
a) timberand/or other forest products
are found in possession of a person;
b) such
person doest not have legal
documents.
Note:
1.ORIGINAL permit or transport
documents must ACCOMPANY
forest products (being moved
or transported) at ALL TIMES
(Section 2a ,DAO 97-32);
2.Apprehending Officers must
turn over the forest products to
DENR ( Rule 12 Rules of
Procedure for Environmental
Cases; April 29, 2010)
Section 79
Unlawful occupation and destruction of forest lands
Elements:
a) Any person enters any forestlands
b) That person has no authority under a license agreement,
lease, license or permit;
c) That person do any of the following acts:
1. occupies or possesses or makes kaingin for his own
benefit or for others ;
2. in any manner destroys such forestlands ;
3. in any manner cause any damage to the timber
stand, or other products and forest growth found
therein;
4. assists, aids, abets any other person to do so;
5. sets fire or negligently permits fire to be set therein;
6. refuses to vacate the area when ordered to do so.
Section 80
Elements:
a) The offender in any manner cut, destroy,
damage or remove timber or any species of
vegetation or forest cover and other natural
resources found in the National Park
system and recreation area;
b) Such acts as above mentioned is without
any permit.
Section 82
Element:
a) The offender violates the measures adopted
by the Department to conserve wildlife.
Section 83
Survey by Unauthorized Person
Elements:
a) Aperson enters any forestlands and conduct
or undertake a survey for whatever purpose ;
b) Such survey is without permit
Section 84
b) The offender:
i. Fails or refuses to remit to the
proper authorities said forest charges
collectible pursuant to the
provisions of this Code or the
National Internal Revenue Code
ii. Delays, obstructs or prevents the
same,
iii. Orders, causes or effects the
transfer or diversion of the funds
for purposes other than those
specified in this Code.
Republic Act No.9175
November
' 7, 2002
“Chainsaw Act”
An Act regulating the ownership,
possession, sale, importation and use of
chainsaws, penalizing violations thereof
and for other purposes.
Rationale
Element:
a) The offender defaced or tampered the
original registered engine serial number of
any chain saw unit
Section 7. No.4
Actual Unlawful Use of Chain Saw
Elements:
a) The offender is in possession of a chain saw;
b) He uses the same in any manner;
c) The offender does not have the permit to
do so
Note:
DENR Monitoring
Stations or Law
Enforcement
Agencies Check
Points
The DENR Monitoring Stations or Law
Enforcement Agency (LEA) check
points in the performance of their
duties will usually apprehend or
provide information to
Apprehending Officer (AO)
concerned regarding violations of
Section 77 of P.D.705.
STEP 2
Determination
of Probable
Cause
(Section 4.)
Determination of Probable
Cause (Sec.4)
The AO will determine whether there is probable cause
by examining the documents of the alleged offender.
Any timber is considered a product of illegal logging if it
was removed, cut, collected, processed and/or
transported:
Determination
of Probable
Cause
(Section 4.)
STEP 3B STEP 4
1. Forest Officers
2.Deputies
3.Members of LEA
4.Private Citizen
Who may apprehend? (Sec. 3.1)
1. Forest Officers
2.Deputies
3.Members of LEA
4.Private Citizen
Circumstances under which warrantless
arrest is allowed
Delivery of
Apprehended Preparation of Apprehended
Illegal Forest Apprehension
Items to
Products, etc. Report (Sec. 8.2 )
Seizure Officer
(Sec.5)
(Sec. 6.1 )
ABANDONED ILLEGAL FOREST PRODUCTS
(Sec. 8)
For abandoned forest products, the AO
shall:
(signature)
JUAN REYES
Forest Ranger/Apprehending Officer
POSTING OF NOTICE OF APPREHENSION
(Sec.8.2)
A notice of the apprehension
shall be left by the AO on-site,
posted or tacked into the
nearest tree, wall or other
similar permanent structure.
POSTING OF NOTICE OF APPREHENSION
(Sec.8.2)
In this connection, the notice shall contain the
following:
(signature)
Juan Reyes (AO) Pedro Cruz (SO)
PREPARATION OF APPREHENSION
REPORT (Sec.8.2)
b. 18 hours for offenses punishable by
correctional penalties. Correctional penalties
include suspension, arresto mayor
(imprisonment from 1 month and 1 day to 6
months) and prison correccional (imprisonment
from 6 months and 1 day to 6 years).
Verification
of Existence of
a Prima Facie
Case (Sec. 6.2 )
VERIFICATION OF EXISTENCE OF A PRIMA
FACIE CASE (Sec. 6.2)
STEP 7A-1
ISSUANCE OF RELEASE ORDER (Sec.6.2)
In the absence of a prima facie case, the SO shall issue
a Notice of Issuance of Order for Release for the
immediate release of the confiscated forest products.
STEP 7B
Upon examination, the SO found that there is a Prima
Facie Case.
STEP 8
Issuance of Seizure
Receipt of Items
Apprehended and
Seizure Order (Sec. 6.2)
ISSUANCE OF SEIZURE RECEIPT OF
ITEMS APPREHENDED SEIZURE AND
SEIZURE ORDER (Sec. 6.2)
Temporary
Release of
conveyance
ADJUDICATION PROCEEDINGS OR
HEARINGPROPER (Sec.7)
1. Issuance of a Notice of Hearing-within one (1)
calendar week from issuance of SO or upon
written request and signature of all interested
parties, within two (2) calendar weeks from
said date.
Requirements:
2. Applicant/movant is :
a. Not among the apprehended offenders
b. Not previously held administratively/criminally
liable for violation
c. Available evidence does not indicate
participation therein
TEMPORARY RELEASE OF CONVEYANCE (Sec.9)
Decision
(Sec. 7.4)
DECISION (Sec. 7.4)