Essentials of Protected Area Management

in the Philippines
Volume 12

Paralegal
Training Manual
for Protected Areas

Department of Environment and Natural Resources

Supported by the

European Commission

October 2000
ii Essentials of Protected Area Management in the Philippines

Paralegal Training Manual for Protected Areas

By Ted T. Bonpin, Rodolfo Fernando N. Quicho, Armand H. Mejia, Maria

Generosa T. Mislang, Manuel E. Narvadez Jr. and Ava Sharon P. Batay-an

Published by: National Integrated Protected Areas Programme

PROTECTED AREAS AND WILDLIFE BUREAU
Department of Environment and Natural Resources

Reproduction of this publication for educational or non-commercial purposes is

authorized without any prior written permission from the publisher provided the source
is fully acknowledged.
Reproduction of this publication for sale or other commercial purposes is prohibited.

Citation: BONPIN, T.T., et.al. 2000. Paralegal Training Manual for Protected Areas.
Essentials of Protected Area Management in the Philippines, Vol.12,
NIPAP, PAWB-DENR, Philippines.

ISBN: 971-8986-37-5

Editor: Irwin Ambal

Design: Benjo Laygo
Cover Art: Joseph S. Manalo
Printed by: 1765 AD PRINT Co., Philippines

Disclaimer: The views expressed are those of the Consultant and Project Staff and do not
necessarily represent any official view of the European Commission.

Funding Partners: European Commission

Department of Environment and Natural Resources
Technical Assistance
Service Contract: Agriconsulting SpA, Rome, Italy

Available from: PROTECTED AREAS AND WILDLIFE BUREAU

DENR Compound
Visayas Avenue, Diliman
Quezon City 1101
Philippines
Paralegal Training Manual for Protected Areas iii

FOREWORD

T I
wo of the major n1992, the Govern-
thrusts of my admin ment of the Philip-
istration are sustain- pines signed the
able development through “Convention on Biologi-
participatory resource cal Diversity”. Following
management and environ- its commitment under
mental protection and the Convention, the
community-based en- Philippine Congress
forcement of environmen- enacted the National
tal laws. I believe that the Integrated Protected
support and involvement Areas System (NIPAS)
of all stakeholders in Act in the same year.
planning and implementing policies and actions aimed To support the Philippine Government in
at protecting habitats and conserving biodiversity is the implementation of the Act, the European
the key to successful protected area management. Commission co-financed the National Integrated
We are now facing this major challenge in light Protected Areas Programme (NIPAP). This
of this relatively new focus of Government which is project, which started in 1995 is implemented by
biodiversity conservation. This was institutionalized the Protected Areas and Wildlife Bureau (PAWB)
in 1992 with the passage of the National Integrated of the Department of Environment and Natural
Protected Areas System (NIPAS) Act which aims to Resources (DENR).
identify and establish protected areas all over the NIPAP was set up to contribute to the conser-
country as a management strategy to conserve vation, protection and management of natural
and protect the country’s flora and fauna and other habitats and biodiversity within the country’s
natural resources. National Integrated Protected Areas System.
Special projects have thus been set up as operating The active participation of stakeholders in
models for protected area management. The five-year planning and management is an essential element
National Integrated Protected Areas Programme in the sustainability of Protected Areas. NIPAP
(NIPAP) jointly funded by the Philippine Government has been actively promoting this approach.
and the European Commission, has established eight Based on actual field experiences and results
protected areas within the framework of the NIPAS. of collaborative undertakings with the Department
The project promotes the full participation of local of Environment and Natural Resources, local
communities in the planning and subsequent imple- government units and non-government organiza-
mentation of conservation policies. tions operating in protected areas, NIPAP devel-
The learnings from the implementation of NIPAP oped relevant information critical to protecting
should thus be disseminated and, where appropriate, the country’s natural heritages. These are well-
replicated in protected areas all over the country. documented in a series entitled “Essentials of
“Essentials of Protected Area Management in the Protected Area Management in the Philippines”
Philippines”, consists of a series of manuals designed which may be useful to managers and partner-
to provide mostly first-hand knowledge on protected communities in all protected areas of the
area management. This volume “Paralegal Training Philippines.
Manual for Protected Areas” is an important I would like to congratulate the National
guide or reference for managers and field workers Integrated Protected Areas Programme of the
and provides useful insights for practical applications Department of Environment and Natural Re-
in the field of protected area management. sources for this important achievement.

ANTONIO H. CERILLES YVES GAZZO

Secretary Ambassador
Department of Environment Head of Delegation
and Natural Resources European Commission in the Philippines
iv Essentials of Protected Area Management in the Philippines

PREFACE
T he National Integrated Protected Area Programme (NIPAP) is a special project of the Philippines Department
of Environment and National Resources (DENR), Protected Areas and Wildlife Bureau (PAWB), supported by
financial and technical assistance from the European Commission.
A major portion of PAWB’s responsibility is to disseminate information about the management and
operations of protected areas in the Philippines, at policy, technical and field levels.
Therefore, in collaboration with the Bureau, NIPAP has produced a series of case studies, field and
training manuals, other educational material and legal reference documents under the title of “Essentials
of Protected Area Management in the Philippines”.
The series builds not only on NIPAP’s and PAWB’s field experience, but reflects the work and knowledge
of sister institutions in the Philippines, including the ASEAN Regional Center for Biodiversity Conservation
(ARCBC), the Conservation of Priority Protected Areas Project (CPPAP), and the Technical Assistance for
Improving Biodiversity Conservation in Protected Areas of the Philippines Project (TABC).

T his volume entitled Paralegal Training Manual for Protected Areas was designed to help community-
based paralegals to train new community-based law enforcers in protecting the biodiversity in protected
areas. It also suggests methods of imparting information and skills to paralegals. Although the manual provides
a quite substantial information, the user or the trainer must also have training skills that can be learned through
other training (e.g., popular education techniques) and constant practice. Moreover, the dynamism of the legal
system, the communities, and training and management approaches requires trainers to be constantly
updated.
This manual contains nine modules which fall under three parts: philosophy, legal information and
knowledge, and skills.
The philosophy part discusses the Paralegal Philosophy and Metalegal Strategies. This part is considered
by developmental law practitioners as inseparable from the whole paralegal training. Through this discus-
sion, the fresh paralegals get to understand why they should be directly and actively involved in protection
work. Moreover, this phase presents arguments from which one can view the legal system and the delivery of
legal services from a more developmental perspective, i.e., from a viewpoint that encourages the genuine
development of people and/or communities over other concerns.
The second part, Legal information and knowledge, explains specific provisions of environmental and
natural resources statutes that are relevant to law enforcers in protected areas. Specifically, these statutes
tackle the laws on protected areas, forestry, fisheries, and bioprospecting. Note that some discussions in this
portion reflect the legal opinions of the writer-lawyers, considering that there is very little occasion for courts
and administrative bodies to interpret problematic provisions of laws. Also, some of these topics may be
irrelevant in some areas. For example, in protected areas where there are no fishing activities, the law on
fisheries may not be discussed. The trainers should thus prepare a training that is appropriate for the area
and keep themselves updated on rules and policies.
The third part of this manual transfers knowledge and skills on Law enforcement and prosecution. It
enables paralegals to actually enforce the laws they learned in the second part of the training, and also gives
them knowledge on how to see their work to conclusion. This part contains relevant provisions of laws and
rules and regulations as well as techniques on things that are being actually done. Thus, the Arrest, Search,
Seizure and Detention module imparts instructions and tips on how to confront offenders in an acceptable
and lawful manner. The module on Investigation, Documentation and Evidence Gathering expounds on
the Rules on Evidence, and covers a wide range of reasons why these things are to be done. The module on
Criminal Procedure depicts in practical terms the flow of criminal cases arising out of law enforcement and
points out various opportunities whereby paralegals may intervene to ensure that environmental justice is done.
Trainers will observe that some discussions might go deeper than just basic information. This is intended.
Trainers are expected to have a better grasp of what they discuss. In fact, they should also refer to the actual
statutes discussed therein to ensure accuracy in information. They should also have a good understanding
of the needs and level of understanding of the paralegals and would-be paralegals that they will train, and
finally decide on how far or extensive their discussions will be.
Hopefully, this training module will help enhance active and meaningful community participation in the
conservation and management of the country’s protected areas.
Paralegal Training Manual for Protected Areas v

CONTENTS

FOREWORD iii
PREFACE iv

MODULE I
PARALEGAL PHILOSOPHY AND METALEGAL STRATEGIES 1
Introduction 1
The Paralegal 2
Paralegalism and Developmental Legal Aid 2
Basis of Community Action 3
The Metalegal Strategy 4
Rights Related to the Protection of Natural Resources 6

MODULE 2
GOVERNMENT AND THE ENVIRONMENT 9
Introduction 9
The Fundamental Nature of the Philippine State 10
The Philippine Constitution 10
Three Branches of the National Government 10
The Principle of Check and Balance 12
Constitutional Principles on Environmental Protection 13
Local Government Structure (Article X, Philippine Constitution) 13
Devolution and Autonomy 14
Local Government Powers in Environment
and Natural Resources 14
Local Government Jurisdiction in Protected Areas 17

MODULE 3
THE NATIONAL INTEGRATED PROTECTED AREAS SYSTEM
(NIPAS) ACT 18
Introduction 18
Protected Areas 20
NIPAS as a Process 21
Rights and Duties Under NIPAS 22
Management Strategy 26
Prohibited Acts 28

MODULE 4
LAWS ON FORESTRY (P. D. 705) 29
Intorduction 29
The Forestry Code of the Philippines (P. D. 705) 30
Illegal Logging 30
Mangroves 33
Tree Specific Regulations 33
Other Criminal Offenses under P. D. 705 34
vi Essentials of Protected Area Management in the Philippines

MODULE 5
LAW ON FISHERIES (R. A. 8550) 35
Inroduction 35
State Policy on Fisheries and Marine Resources 36
Policies and Objectives of the Fisheries Code 37
Use and Users of Waters 37
Administration 38
Law Enforcement 39
Prohibited Acts 40

MODULE 6
BIOPROSPECTING 43
Introduction 43
Definition of Bioprospecting 44
The Legal Framework 44
The Process of Bioprospecting 44
Requirement of Prior Informed Consent (PIC) 45
Minimum Terms and Conditions of the Research Agreement 46
Recission of the Research Agreement 47
The Inter-Agency Committee on Biological
and Genetic Resources (IACBGR) 48
Prohibited Acts and Penalties 49

MODULE 7
ARREST, SEARCH AND SEIZURE AND DETENTION 50
Introduction 50
Arrest 51
Search and Seizure 52
Detention 55

MODULE 8
CRIMINAL PROCEDURE 57
Introduction 57
Start of a Criminal Case 58
The Court Process 59
Appeal 62

MODULE 9
Investigation, Documentation and Evidence Gathering 63
Introduction 63
Investigation 64
Documentation 66
Evidence 66
Affidavit 69
Paralegal Training Manual for Protected Areas vii
viii Essentials of Protected Area Management in the Philippines
Paralegal Training Manual for Protected Areas ix
Paralegal Training Manual for Protected Areas MODULE 1: Paralegal Philiosophy & Metalegal Strategy 1

MODULE 1
PARALEGAL PHILOSOPHY
AND
METALEGAL STRATEGY
DURATION: 1 1/2 hours

MODULE OBJECTIVES:
At the end of the session, the participants are expected to:
1. Understand the concept of paralegalism, and identify
the role of paralegals in environmental and natural
resource conservation and protection;
2. Appreciate the value of developmental legal aid as
opposed to traditional legal aid;
3. Have a grasp of the concept of metalegal strategies
and how they are done.

SUGGESTED TEACHING METHODS:

1. Lecture
2. Sharing of experiences
3. Discussion

LOGISTICS:
1. Board and writing materials
2. Acetates
3. Overhead projector

I. Introduction

I t has been more than two decades since the formulation of the
philosophy of developmental legal aid. This philosophy believes that
teaching the basic sectors the basic laws and their basic rights would
enable them to be critical of the law, and be self-sufficient in the
promotion, protection, and defense of their human and legal rights.
Even in the field of environmental protection, the affected communi-
ties have become active partners of government officials, local govern-
ment units, agencies, and the Protected Area Management Board in
effective resource management and law enforcement. Their support
often comes in the form of education and information campaigns,
skills training, and the formulation and implementation of an effective
community-based law enforcement strategy.
Paralegals can be tapped as partners of the government in respond-
ing to the legal needs of the community within protected areas. This
module discusses the tasks of a paralegal and the developmental legal
aid philosophy within which framework a paralegal works. More than
that, it invites the participants to view the legal system in a different light.
2 Essentials of Protected Area Management in the Philippines

II. The Paralegal

A paralegal is one who has basic knowledge of or training in legal
work without being a lawyer. S/He assists in responding to the
legal needs of the basic sectors with minimal or even without the direct
support of a lawyer.
A laborer, fisherfolk, farmer or student can be a paralegal. One
does not need to take formal studies or finish a law degree. But s/he
must be willing to do paralegal work, continuously study basic laws,
and learn paralegal skills. Paralegal work requires that s/he develop
the skill to relate with both the basic sectors and lawyers.
Owing to the wide range of concerns, options and strategies
available as a result of resorting to the developmental legal aid
framework, the tasks and expectations of a paralegal are manifold.
Some of these are:

Related to Cases and in Support of Lawyers

1. gather evidence relative to cases
2. draft sworn affidavits of
c omplainants and witnesses
3. monitor cases filed in court
4. assist in finding solutions to
problems of basic sectors
(mobilizing or metalegal
strategies)

Related to Basic Sectors

of Society
1. assist in the organization
of people’s organizations
2. conduct continuous
education and information
campaign to people on
their basic rights and
relevant laws
3. point out deficiencies in
the law
4. explain how to effectively
use the law in pursuing
their interests

III. Paralegalism
and Developmental
Legal Aid
O ne basis of paralegal work is the present social condition where
the basic sectors of society lack the capacity and resources to
defend and pursue their interests. Also, very few legal practitioners
provide legal services to the basic sectors. These few lawyers orient their
career, or a portion thereof to alternative lawyering or developmental
legal aid. In contrast, the rich can easily afford to pay for the services of
lawyers to protect their interests. Amid this unfortunate condition, local
communities are nevertheless confronted with issues that delve into the
realm of law. It is imperative, therefore, that some members of local
communities receive some training, albeit informal, to enable them to
address legal issues despite the dearth in lawyers.
Basically, there are two kinds of systems, or more aptly, philosophies,
within which legal services are being delivered. These are the traditional
and the developmental legal aid. The following table shows the differ-
ences between the two philosophies:
Paralegal Training Manual for Protected Areas MODULE 1: Paralegal Philiosophy & Metalegal Strategy 3

Traditional Legal Aid (TLA)

vs
Developmental Legal Aid (DLA)

Traditional Legal Aid Developmental Legal Aid

1. Strictly follows legal rules 1. Encourages people to help

and procedures. themselves by creatively
determing their options both
under the black letter of the
law and those areas where
they can capitalize on their
constitutional and/or basic
human rights.

2. Does not question legal 2. Moves within a legal system

processes and institutions. with critical analysis.

3. Looks at failures of justice as 3. Looks at the structure where

mere weakness of humanity. the law works.

4. Change is slow and not 4. Change can be fast and

complete. radical.

5. The lawyer is expected to 5. The lawyer and client work

solve the problem of the client together to find a just and
by following the law, whether meaningful solution to the
or not the law is just. problem.

6. Looks at the law as the 6. Believes that the law is

general solution to the social merely a tool to achieve
problems of the country. social change.

While traditional legal aid (TLA) looks at the lawyers as the prime asset
in confronting legal problems, the developmental legal aid (DLA)
philosophy empowers communities to address legal issues. For instance,
in TLA, the lawyer generally decides to file a case while in DLA, the
lawyer assists the communities to identify and explore their options, so
that the community members can decide whether to go to court or not.

A fter decades of struggle by the Filipino people, especially during the

dark years of Martial Law, DLA practitioners (both lawyers and
paralegals) have made realizations on the legal system which can be
IV. Basis of
Community Action
articulated as follows:
1. The legal system is a reality.
We cannot deny that in any society, there is a system of law. Thus,
whether just or not, this legal system exists.

2. Not all laws are just.

Because laws are enacted by people who represent certain
interests, not all laws are just. As the adage goes: What is legal is
not always just or right.
4 Essentials of Protected Area Management in the Philippines

3. The legal system is not a panacea.

The legal system does not always present a remedy to every issue
there is. And even if it does, the remedy is sometimes not what people
think is appropriate. At times, too, the remedy does not come speedily
enough.

4. The legal system is a dynamic system. Laws can be changed.

Although there are defects in the law and the existing system of laws,
these are always subject to change. There are ways by which these
changes can be drawn towards what is right.

5. The laws can be used by communities to protect and

promote their interests.
There are laws or certain provisions of laws that promote and protect,
or have the potential to promote and protect, the rights and interests of
basic communities. It is important to know the available legal options
and the possible consequences of choosing a legal remedy.

6. The legal system does not cover the whole gamut of

human, and environmental concerns.
The legal system cannot answer or provide a remedy to all issues
that confront us and it does not also cover every detail of human life,
including the protection, conservation and management of our
natural resources. It is, thus, important to extend our views beyond
the sphere of the law and the legal system to be able to address all
our concerns.

V. The Metalegal
Strategy R ather than limiting intervention to strictly legal services, DLA
practitioners can explore with their client communities the
latters’ options within and without the legal system. Generally,
lawyers who do DLA are more concerned with metalegal strate-
gies, as opposed to legal strategies.
Metalegal strategies are creative concerted actions by communities
using their constitutionally guaranteed and/or basic human rights to
protect and promote their rights and interests. In contrast to the strictly
legal approaches used by TLA practitioners, metalegal strategies cover
the whole gamut of options and, thus, are not limited by the boundary
of what is strictly legal, provided, of course, that these actions are within
their guaranteed rights.

Examples of these rights are:

● freedom of expression (Sec. 4)

● right to petition the government

for redress of grievances (Sec. 4)

● right to freedom of assembly (Sec.4)

● right to free association (Sec. 8)

● right to freedom of religion (Sec. 5)

● right to information (Sec.7) (E.O. 89)

Examples of metalegal actions are:

1. Resort to media (radio, television and newspapers)
This is an effective way to send information not only to the authorities
but to inform the general public of the grievances of the basic sectors.
This would also encourage support from other sectors.
Paralegal Training Manual for Protected Areas MODULE 1: Paralegal Philiosophy & Metalegal Strategy 5

2. Entering into dialogue

Entering into dialogues with authorities is an effective
and peaceful tool where many issues or problems can be
solved.

3. Mediation
The parties can request for a recognized mediator
coming from the church, government, or any person
approved by all parties to ensure the proper management,
if not the resolution, of the conflict.

4. Petition or signature campaign

The signatures gathered can support a petition to be
sent to the authorities.

5. Lobbying
The group can lobby the policy-making or rule-making
body to influence policies and decisions. Lobbying can take
many forms depending on existing factors.

6. Use of international pressure

Getting the support of individual or international groups can be an
effective means to pressure the authorities for a faster action on issues
or problems.

7. Mass actions/protests
Mobilizing the basic sector can be an effective way to inform the
authorities of the issues or grievances of the people (ex. demonstra-
tions, strikes, vigil, picket and others).

Metalegal strategies refer to a process and a confluence of

actions. Thus, communities should clearly identify their options and
chosen actions, and how these actions could help advance what
they are fighting for. Bear in mind also that metalegal strategies can
include legal actions. Thus, filing a case in court can be part of the
metalegal strategy.
When embarking on metalegal strategies/actions, consider the
following guidelines:
● The organization has to be strong enough to sustain the plan

strategy;
● The facts and the analysis of the issues/problems are clear;

● The demands to be made have to be clear and can be realistically

addressed;
● The strategy is well-planned;

● The actions to be taken have to be appropriate and timely;

● At least a majority of the community/group consents to the plan;

● The security and safety of the members of the community/group

has to be ensured;
● Get the support of sectors other than the one who will do the

metalegal actions;
● Good coordination with the media (radio, newspaper and

television) is advised.

One should also look into the capacity of the group in relation to
the actions to be taken as well as the possible challenges to be met.
Decide also on the duration of the metalegal action/strategy.
6 Essentials of Protected Area Management in the Philippines

VI. Rights Related to Right to participate and be consulted

the Protection of in the formulation of policies
Natural Resources Art. II, Sec. 1 – The Philippines is a democratic and republican State.
Sovereignty resides in the people and all government authority
emanates from them.

Right to health, and a balanced and healthful ecology

Art. II, Sec. 15 – The State shall protect and promote the right to
health of the people and instill health consciousness among them.
Art. II, Sec. 16 – The State shall protect and advance the right of the
people to a balanced and healthful ecology in accord with the rhythm
and harmony of nature.

Right to information
Art. II, Sec. 28 – Subject to reasonable conditions prescribed by law,
the State adopts and implements a policy of full public disclosure of all
its transactions involving public interest.
Art. III, Sec. 7 – The right of the people to information on matters of public
concern shall be recognized. Access to official records, and to documents,
and papers pertaining to official acts, transactions, or decisions, as well as to
government research data used as basis for policy development, shall be
afforded the citizens, subject to such limitations as may be provided by law.
All documents of the government pertaining to all official acts, transactions
or decisions can be seen and copied by anyone, subject to limitations provided
by law, such as, when access to such documents can jeopardize national
security. An official violating this right may be sued for damages. It is thus
advisable to write a letter of request so that an official cannot refuse to
give a copy of the document, and to keep the receiving copy of the letter
showing that the request was received by their office. The official should
act on the request within fifteen days; otherwise, he is violating the
Administrative Code and can be administratively charged.
According to EO 89 s. 1993, every government agency should
have clear guidelines on the process of accessing its documents. The
guidelines should be posted in a visible area of the agency in Filipino
and IN THE DIALECT USUALLY USED in the area. Aside from this, the
regulation should be clear and should provide the remedy for its violation.

Freedom of expression
Art. III, Sec. 4 – No law shall be passed abridging the freedom of
speech, of expression, or of the press, or the right of the people to peace-
ably assemble and petition the government for redress of grievances.
Any person can express his/her sentiments even if it is against the
government, or does not conform with the belief of the majority. The guar-
antee covers almost all kinds of speech or expression, except:
1. libelous speech
2. obscenity
3. when it poses clear and present danger to public safety
(ex. seditious utterances, speeches that incite uprising)

Right to security
Art. II, Sec. 5 – The maintenance of peace and order, the protection of life,
liberty, and property, and the promotion of the general welfare are essen-
tial for the enjoyment by all the people of the blessings of democracy.
Paralegal Training Manual for Protected Areas MODULE 1: Paralegal Philiosophy & Metalegal Strategy 7

Art. II, Sec. 9 – The State shall promote a just and dynamic social
order that will ensure the prosperity and independence of the nation and
free the people from poverty through policies that provide adequate
social services, promote full employment, a rising standard of living,
and an improved quality of life for all.
Art. III, Sec. 2 – The right of the people to be secure in their persons,
houses, papers, and effects against unreasonable searches and
seizures of whatever nature and for any purpose shall be inviolable,
and no search warrant or warrant of arrest shall be issued except
upon probable cause to be determined personally by the judge after
examination under oath or affirmation of the complainant and the
witnesses he may produce, and particularly describing the place to be
searched and the persons or things to be seized.

Constitutional rights of people’s organizations

Art. II, Sec. 23 – The State shall encourage non-governmental,
community-based or sectoral organizations that promote the welfare
of the nation.
Art. XIII, Sec. 15 – The State shall respect the role of independent
people’s organizations to enable the people to pursue and protect,
within the democratic framework, their legitimate and collective
interests and aspirations through peaceful and lawful means.
People’s organizations are bona fide associations of citizens with
demonstrated capacity to promote the public interest and with identifi-
able leadership, membership, and structure.
Art. XIII, Sec. 16 – The right of the people and their organizations to
effective and reasonable participation at all levels of social, political,
and economic decision-making shall not be abridged. The State shall,
by law, facilitate the establishment of adequate consultation mechanisms.

Rights of Special Groups

Indigenous Peoples
Art. II, Sec. 22 – The State recognizes and promotes the rights of
indigenous cultural communties within the framework of national unity
and development.
Art. XII, Sec. 5 – The State, subject to the provisions of this Constitu-
tion and national development policies and programs, shall protect
the rights of indigenous cultural communties to their ancestral lands to
ensure their economic, social, and cultural well-being.
The Congress may provide for the applicability of customary laws
governing property rights or relations in determining the ownership and
extent of ancestral domain.

Small Fisherfolk
Art. XII, Sec. 2, Pars. 2-3 – The State shall protect the nation’s marine
wealth in its archipelagic waters, territorial sea, and exclusive
economic zone, and reserve its use and enjoyment exclusively to
Filipino citizens.
The Congress may, by law, allow small-scale utilization of natural
resources by Filipino citizens, as well as cooperative fish farming, with
priority to subsistence fishermen and fishworkers in rivers, lakes, bays,
and lagoons.
8 Essentials of Protected Area Management in the Philippines

Art. XIII, Sec. 7 – The State shall protect the rights of subsistence
fishermen, especially of local communities, to the preferential use of
the communal marine and fishing resources, both inland and offshore.
It shall provide support to such fishermen through appropriate tech-
nology and research, adequate financial, production, and marketing
assistance, and other services. The State shall also protect, develop,
and conserve such resources. The protection shall extend to offshore
fishing grounds of subsistence fishermen against foreign intrusion.
Fishworkers shall receive a just share from their labor in the utilization
of marine and fishing resources.

Farmers
Art. XIII, Sec. 4 – The State shall, by law, undertake an agrarian
reform program founded on the right of farmers and regular
farmworkers, who are landless, to own directly or collectively the lands
they till or, in the case of other farmworkers, to receive a just share of
the fruits thereof. To this end, the State shall encourage and undertake
the just distribution of all agricultural lands, subject to such priorities
and reasonable retention limits as the Congress may prescribe, taking
into account ecological, developmental, or equity considerations, and
subject to the payment of just compensation. In determining retention
limits the State shall respect the right of small landowners. The State
shall further provide incentives for voluntary land-sharing.
Art. XIII Sec. 5 – The State shall recognize the right of farmers, farm-
workers, and landowners, as well as cooperatives, and other indepen-
dent farmers’ organizations to participate in the planning, organiza-
tion, and management of the program, and shall provide support to
agriculture through appropriate technology and research, and ad-
equate financial, production, marketing, and other support services.

Children
(Based on the Convention on the Rights of the Child)
Article 24 – 1. States Parties recognize the right of the child to the
enjoyment of the highest attainable standard of health and to facilitate
for the treatment of illness and rehabilitation of health. States Parties
shall strive to ensure that no child is deprived of his or her right of
access to such health care services.
2. States Parties shall pursue full implementation of this right and,
in particular, shall take appropriate measures: x x x
(c) To combat disease and malnutrition within the framework of
primary health care, through inter alia the application of readily
available technology and through the provision of adequate nutritious
foods and clean drinking water, taking into consideration the dangers
and risks of environmental pollution; x x x
Article 29 – 1. States Parties agree that the education of the child
shall be directed to: x x x
(e) The development of respect for the natural environment.
Article 31 – 1. States Parties recognize the right of the child to rest and
leisure, to engage in play and recreational activities appropriate for the
age of the child and to participate freely in cultural life and the arts.
2. States Parties shall respect and promote the right of the child to
participate fully in cultural and artistic life and shall encourage the
provision of appropriate and equal opportunities for cultural, artistic,
recreational and leisure activity.
Paralegal Training Manual for Protected Areas MODULE 2: Government and the Environment 9

MODULE 2
GOVERNMENT AND
THE ENVIRONMENT
DURATION: 2 hours

MODULE OBJECTIVES:

At the end of the session, the participants are expected to:

1. Understand and discuss the broad outlines of

the structure of the Philippine national and local
governments.
2. Appreciate the powers and duties of the different
national and local government agencies
regarding the environment.

SUGGESTED TEACHING METHODS:

1. Lecture, with visual materials

2. Open Forum

LOGISTICS:
1. Board and writing materials
2. Visual Aids

B efore delving into specific environmental laws, the trainer must

provide the participants an overview of the Philippine system of
government. This module discusses that introduction. It will enable the
I. Introduction

participants to appreciate the relationships between the different

government agencies and how the system of government works.
Likewise, it will allow the participants to understand their roles as
protected area managers and enforcers of environmental laws within
the system of government.
Towards this end, this module shall discuss basic concepts from the
Constitution such as the concept of sovereignty, the three branches of
the government, their powers and jurisdiction, and the system of checks
and balances in the Constitution. It shall also discuss the basic prin-
ciples and declarations of the Constitution on the environment.
Another key component of the government structure are the local
governments. This module shall also discuss the structure of the local
governments and their powers and jurisdictions vis-à-vis the environ-
ment. Local governments have been vested by law with powers to enact
measures to protect the environment and, therefore, play a major role
in environmental protection. Moreover, since most protected areas fall
within the jurisdiction of local governments, the participants must be
aware of the mandates of the different local government units to
effectively deal with them in the discharge of their functions as pro-
tected area law enforcers.
10 Essentials of Protected Area Management in the Philippines

II. The Fundamental

Nature of the
Philippine State
T he Philippines is a democratic and republican state. Sovereignty
resides in the people and all government authority emanates from
them. As a republican state, the Filipino people exercise their sover-
eignty through elected representatives. This is done through elections,
initiative, referenda and plebiscites.
The people elect the members of Congress who are tasked with
enacting legislation. Thus, the people delegate the lawmaking power
to members of both the Houses of Representatives and Senate.
The people also elect the President and Vice-President who head the
Executive Branch which is tasked with the implementation of laws. Thus, the
elected as well as appointed members of the Executive are administrators
of the government.
Under the republi-
can system, the
elected public officers
are tasked with
working for and
promoting the will
and welfare of the
people through the
government. Thus,
under our govern-
ment system, the
people possess the
supreme power which
they delegate and
exercise indirectly
through the represen-
tatives elected to the
government.

III. The Philippine

Constitution T he Constitution is the basic and highest law governing the State.
The Philippine Constitution contains the following:
1. It provides for the basic structure of government, the different
branches and their functions.
2. It also provides for the powers and limitations to these powers of
the government and the different branches. Any law or ordinance
which violates the Constitution will be struck down as unconstitutional
and shall be without force and effect.
3. It guarantees the rights of the citizens against government
excesses and abuse.

IV. Three Branches

of the National
Government
T he Constitution divides the government into three main
branches:
1. Legislative
2. Executive
3. Judiciary

These branches are separate and co-equal to each other. The

separation of the powers of government into these three branches is
essential to prevent the concentration of power in one branch and the
possibility of abuse and tyranny.
Paralegal Training Manual for Protected Areas MODULE 2: Government and the Environment 11

A. LEGISLATURE (Article VI)

The Legislature is tasked with the
making, crafting, repeal and amend-
ment of laws. The legislature also holds
the power to appropriate funds for
government and for its different
branches.
The present legislature is made up
of two chambers: the Senate and the
House of Representatives (Lower House).
The Senate is composed of 24
members elected nationally for a term of six (6) years (Sec. 2, Article VI).
Twelve senators are elected every three years. The House of Representa-
tives is made up of 250 members (Sec. 5, Article VI). A total of 200 are
elected from the districts to serve for three (3) years, while the other 50
are elected through the party list system as sectoral representatives.

B. EXECUTIVE (Article VII)

The Executive branch implements or executes the laws made by the
Legislature.
The Executive is made up of the President, the Vice-President and the
secretaries of the different departments and agencies of the Executive
Branch (Sec. 17, Article VII).
As Chief Executive of the Philippines, the President exercises supervi-
sion and control of the Executive Branch of government. The President
appoints the different secretaries of the departments. The secretaries
are the President’s alter egos and their actions are deemed to be that of
the President’s. The President may revoke or reverse the decisions of the
executive departments.
The President and the Vice President are directly elected by the
people every six (6) years (sec. 4 Article VII). The secretaries of the
executive department are appointed by the President, subject to the
confirmation of the Commission on Appointments. The different agen-
cies and bureaus of the executive department are created by law and
have their own appropriated budget.
Even if the principal function of the Vice-President is to serve as the
successor to the President in case of the latter’s death or disability, the Vice
President may also be appointed as a secretary and does not need the
confirmation of the Commission on Appointments anymore (Sec. 3, Art. VII).

On Environmental Concerns: Although all of the departments of

the Executive Branch have a relation to environment, the following
departments are directly concerned with environmental issues:
● Department of Environment and Natural Resources (DENR)
● Department of Agriculture (DA)
-Bureau of Fisheries and Aquatic Resources (BFAR)
● Department of Agrarian Reform (DAR)
● Department of the Interior and Local Government (DILG)
-Philippine National Police (PNP)
-Local Government Units (LGUs)
● Department of National Defense (DND)
● Presidential Task Force on Illegal Fishing
● Department of Justice (DOJ) (DOJ)
-National Bureau of Investigation (NBI)
-Anti-Illegal Logging Task Force
● Presidential Anti-Organized Crime Task Force (PAOCTF)
12 Essentials of Protected Area Management in the Philippines

C.JUDICIARY (Article VIII)

1. Power of the Courts
The duty of the courts is to interpret the law. Through this power,
courts decide cases brought before them for adjudication. Those who
violate the law are imposed the prescribed penalties according to the
findings of fact and law in a case.
It is also within the power of the courts to declare a law unconstitu-
tional and without force and effect.
2. The hierarchy of courts in the Philippines:
Supreme Court
This is the highest court in the land that settles disputes and ques-
tions of law. It is the court of last resort in criminal cases where the
capital punishment is imposed. It also can hear cases brought to it on
certiorari where the issue is one of grave abuse of discretion. It is made
up of 15 justices with three (3 ) divisions ( sec. 4, Article VIII).
Court of Appeals
This court has jurisdiction to hear appeals on questions of fact from
the Regional Trial Court. It is composed of 69 justices grouped into 23
divisions of three justices each.
Regional Trial Court
Formerly known as the Court of First Instance, this court has
jurisdiction over cases within a region provided by law. In civil cases,
it has jurisdiction when the amount of money sought to be recovered
exceeds two hundred thousand pesos (P200,000.00). In criminal
cases, it has jurisdiction over cases where the penalty of imprisonment
imposed by law exceeds six (6) years.
Municipal Trial Court
Municipal Circuit Trial Court
Described as the lower courts, the MTC/MCTCs have jurisdiction
over civil cases where the amount sought to be recovered is two
hundred thousand pesos (P200,000.00) or lower. In criminal cases,
they exercise jurisdiction over cases where the imprisonment imposed
is six (6) years or lower.

V. The Principle of
Check and Balance A primary principle in our democratic and republican system of
government is the principle of check and balance. This is an
extension of the principle that the three branches of government are
separate but co-equal. By serving to check each other and to balance
each other’s powers, the excesses and abuses by a single branch of
government are avoided.
How does this happen in our system of government?
The President exercises checks over the legislature by his power to
veto laws. A President has to sign a law before it becomes effective. If
the President exercises his veto, a proposed law is defeated and goes
back to Congress. In spite of the veto power of the President, the
Congress may override the veto through a 2/3 vote of both Houses,
thus it shall become a law (Article VI, Sec. 27 ).
The legislature has the power to impeach any member of the Execu-
tive or the Judiciary by means of an initiative in the Lower House with a
2/3 vote of the Senate (Article XI, Sec. 2 and 3).
The Judiciary through the Supreme Court has the power of judicial
review over acts of the Executive and the Legislature (Article VIII, Sec. 5).
On the other hand, the President exercises a check on the judiciary by
the power to appoint judges.
Paralegal Training Manual for Protected Areas MODULE 2: Government and the Environment 13

T he Constitution is explicit on the need for environmental protection.

Article II, Section 16 of the 1987 Constitution under Declaration of
Principles and State Policies provides:
VI. Constitutional
Principles on
Environmental
“ The State shall protect and advance the right of the people to a Protection
balanced and healthful ecology in accord with the rhythm and harmony
of nature.”
Article II, Section 15 of the Philippine Constitution also provides that:
“The State shall protect and promote the right of the people and
instill health consciousness among them.”
These provisions show the importance accorded by our Constitution
to the protection of our environment. The importance of these provi-
sions were also stressed by the Supreme Court in the landmark case of
Oposa v. Factoran, (224 SCRA 792).
The foregoing case was instituted by minors in behalf of future
generations against then DENR Secretary Fulgencio Factoran. The
minors asked the court to cancel Timber Licensing Agreements (TLAs)
issued by the DENR. According to the petitioner minors, if the TLAs are
allowed to continue, the Philippines will lose all its forests.
The most important issue decided by the Supreme Court in this case
was the standing to sue of the minor petitioners. According to the
Supreme Court, the minors had standing to sue not only under Article
II, Section 16 of the Constitution but, more importantly, they could do
so in behalf of generations yet unborn. The Supreme Court said that
the present generation is merely the custodian of our natural resources
for future generations of Filipinos.
Even though the national policy on natural resources and environ-
ment is clear, the protection and conservation of our resources will not
be realized merely through the enactment of laws and through court
decisions. To ensure a healthful ecology for all Filipinos, much depends
on the enforcement of environmental laws.

G overnmental powers are exercised by local government units at

the local level. This set-up is expected to make governance more
responsive to the needs of the people.
VII. Local
Government
Structure
(Article X,
A. Provincial Government Philippine
Each province is administered by a Governor, as the Chief Executive. Constitution)
The Governor’s power extends to municipalities and non-chartered
cities in the province.
The Vice-Governor, is the presiding officer of the Sangguniang
Panlalalawigan, the law-making body made up of elected board
members.
B. Municipal Government
Each municipality has an elected Mayor, Vice-Mayor and Councilors
in the Sangguniang Bayan. The Vice Mayor is the presiding officer of
the Sangguniang Bayan, which is the municipal legislature.
C. Barangay Government
The barangay officials are the elected Barangay Captain or Chairman
and his councilors. The Barangay Chairman heads the Barangay Council.
At each level of the local governments, the sanggunians or local
legislatures craft laws for the province, town, city or barangay. They
also have the power to enact a budget and appropriate funds for local
government offices and projects.
14 Essentials of Protected Area Management in the Philippines

VIII. Devolution
And Autonomy I n compliance with the mandate of Article X, Section 3 of the Constitu-
tion, Republic Act No. 7160 (The Local Government Code of 1991)
was enacted to set in motion devolution and local autonomy as strategy
for attaining progress in the countryside.
Through devolution or the transfer of powers and responsibilities
from the national government to the local government units, the local
governments and the people in the communities are able to plan their
own development.
Local executives to whom these powers are devolved can be held
accountable to the people through the system of elections, initiative and
recall and referenda.

IX. Local Government

Powers in Environment
and Natural Resources
T he local government units play an important role in environmental
protection and natural resource conservation. The Local Govern-
ment Code provides the local government units with powers to protect
our environment and conserve natural resources.

A. The Local Government Code

1. Local government units shall participate with national government
agencies to manage and protect the environment within their jurisdiction
(Sec. 16, LGC).
2. Each agency of government or any government-owned and
controlled corporation shall consult with and explain to the local
government any project or program that has an effect on the environ-
ment (Sec. 26, LGC).
3. Each branch of the local government will use the powers granted
by the Local Government Code to advance the general interest such as
health, security and development and the right of the people to a
balanced ecology (Sec. 16, LGC).
4. Each Barangay Captain, Mayor and Governor as chief executive
is mandated to implement all laws, ordinances and orders in their areas
of jurisdiction (Sec. 444, 465 and 455, LGC). These include laws on
the environment.
4.1 Duties of the Barangay Leadership
- Implement all laws and regulations to prevent pollution and
to protect the environment (sec. 389, LGC).
4.2 Duties of the Municipal Leadership
- Undertake correct use of, preservation and conservation
of natural resources, water and land
- Implement the law on fisheries in municipal waters
- Conservation of mangroves
- Implement community-based forestry projects such as the
Integrated Social Forestry Project
- Manage communal forests of not more than 50 square
kilometers.
4.3 Duties of the Provincial Leadership
- Implement laws on forestry, pollution and small-scale mining.
5. Each local leadership has the authority to appoint an
Environment and Natural Resources Officer.
6. Each Sangguniang Bayan, Sangguniang Panglungsod and
Sangguniang Panlalawigan has the power to make ordinances, resolu-
tions or decisions and appropriate funds for the general welfare of the
people, relative to the protection of the environment and nature. For
instance, these legislative bodies have the power to draft and enact
Paralegal Training Manual for Protected Areas MODULE 2: Government and the Environment 15

ordinances and decisions imposing the appropriate penalties for acts

detrimental to the environment, such as:
a. dynamite fishing and other destructive fishing methods
b. unlawful trade in products of the environment and in
endangered animals and plants
c. farming through kaingin or the burning of plants and trees
d. other acts that may cause pollution, drying up of lakes
and rivers, or destruction of the balance of ecology.

The Sangguniang Bayan and the Sangguniang Panglungsod have

the power to enact ordinances and decisions regarding:
a. Management of disposal of any wastes from hospitals,
clinics and other similar establishments;
b. Abatement of nuisance;
c. Establishment, maintenance and conservation of communal
forests and waters, parks for forests, mangroves and other
similar projects for the improvement of forests;
d. Establishment of an orderly and effective system for
collection and disposal of garbage.
e. Granting of fishery privileges, establishment of fish cages,
fishing and collection of fish fry in municipal waters
f. Granting of licenses to fishing vessels weighing not more than
three (3) tons and to enact regulations concerning these;
g. Impose penalties on destructive fishers and prosecute those
responsible for this.
In relation to the foregoing, each local government head may
appoint a deputy who will assist him in implementing these laws within
their jurisdiction.

Local Special Bodies

The Local Government Code created five Local Special Bodies.
These are the Local Development Council, the Local Health Board, the
Prequalification, Bids and Awards Committee, the Local School Board
and the Local Peace and Order Council. Of these five, the first two
have a strong relation to the environment.

B. Local Development Council

The role of the Local Development Council (LDC) is to suggest to the
sanggunian directions and plans for socio-economic development of
the locality and to coordinate these plans and directions with that of the
entire jurisdiction.
The tasks of the LDC as laid down in section 109 of LGC are:
Provincial, Municipal and City LDC:
1. Outline policies and long range, medium range and yearly plans
for socio-economic development;
2. Outline medium-term and yearly plans for investments;
3. Prioritize socio-economic development projects;
4. Outline incentives to attract the investment of capital and to
expand the entry of private capital;
5. Coordinate, keep track and study the implementation of
programs and development projects; and
6. Undertake other duties as may be provided by law or the
appropriate authorities.
Barangay LDC:
1. Activate and involve the citizenry in local development efforts;
16 Essentials of Protected Area Management in the Philippines

2. Encourage barangay development plans based on local needs;

3. Oversee and study the implementation of national and local
programs and projects; and
4. Perform other duties provided by law or the appropriate
authorities
Each LDC is mandated to meet once in every six months or more
depending on the need. While the LDC is not meeting, the Executive
Committee (Execom) shall represent and act in the name of the LDC.
Each LDC has a secretariat which shall provide legal assistance,
document, collect reports and provide other assistance which may be
requested in the fulfillment of the duties of the LDC.
The LDC can form sectoral groups which shall assist in the accom-
plishment of their duties.

1. Local Health Board (LHB)

The LHB is mandated to suggest the annual budget of the health
services, and to serve as adviser on health matters. The LHB shall meet
once a month or more than once depending on the circumstances.

2. Composition of the Local Development Councils

Barangay Development Council (BDC)
- Barangay Captain as Chairman
- members of the Sangguniang Barangay
- representatives of NGOs operating in the barangay who shall
constitute not less than ¼ of the fully organized LDC; and
- representative of the congressman
City or Municipal Development Council (CMDC)
- City or municipal mayor as Chairman
- all punong barangays in the city or municipality
- Chairmen of the committee on appropriations of the
Sangguniang Panglungsod or Sangguniang Bayan concerned;
- Congressman or his representatives; and
- representatives of NGOs operating in the city or municipality,
who shall constitute not less than ¼ of the members of the fully
organized LDC.
Provincial Development Council (PDC)
- Governor as Chairman
- all mayors of cities or municipalities
- Chairman of the committee on appropriations of the
Sangguniang Panglalawigan;
- Congressman or his representative, and
- representatives of NGOs operating in the province, who shall
constitute not less than ¼ of the fully organized LDC.

3. Composition of the Local Health Boards

Provincial Health Board
- Governor as Chairman
- Provincial Health Officer as Vice Chairman
- Chairman of the Committee on Health of the Sangguniang
Panglalawigan
- Representative of the private sector or NGOs in health services
- representative of the Department of Health (DOH) in the province
Paralegal Training Manual for Protected Areas MODULE 2: Government and the Environment 17

City Health Board

- City mayor as chairman
- City health officer as vice chairman
- Chairman of the Committee on Health of the Sangguniang
Panglungsod
- representative of the private sector or NGOs in health service
- representative of the DOH in the city
Municipal Health Board
- Municipal mayor as chairman
- Municipal health officer as vice chairman
- Chairman of the committee on health of the Sangguniang Bayan
- representative of the private sector or NGOs in the health service
- representative of the DOH in the municipality

W hen certain portions of a local government unit’s territory fall within

the boundaries of a protected area, does the LGU lose jurisdiction
over the portion of its territory declared as part of the protected area?
X. Local Government
Jurisdiction in
Protected Areas
The LGU retains territorial jurisdiction over the area and the powers
granted by law to the LGU over the area will subsist. The effect of the
declaration of a portion of the LGU’s territory as part of a protected
area is not to sever LGU powers therein but to place the area under the
authority of the Protected Area Management Board which manages the
area as mandated by the NIPAS law and functions concurrently with
the local government unit.
18 Essentials of Protected Area Management in the Philippines

MODULE 3
NATIONAL INTEGRATED
PROTECTED AREAS
SYSTEM (NIPAS) ACT
DURATION: 2 hours

MODULE OBJECTIVES:
At the end of the session, the participants are expected to:

1. Have sufficient knowledge of the NIPAS Act;

2. Be able to identify points of intervention and take
advantage of this process to effectively manage
protected areas; and
3. Know the punishable acts in protected areas, and be
ready to enforce the same.

SUGGESTED TEACHING METHODS:

1. Lecture, with acetates or other visual aids
2. Discussion with chalk talk
3. Open Forum

LOGISTICS:
1. Board and writing materials
2. Overhead projector
3. Acetates
4. Handouts

I. Introduction
B iodiversity protection was first legislated in the Philippines with the
passage of the Act for the Protection of Game and Fish (Act 2590)
in 1916. Even as amended in 1939 by Commonwealth Act (CA) 491,
this law was very limited both in scope and severity of penalty. Prior to
the National Integrated Protected Areas System (NIPAS) Act, site specific
or habitat conservation in the Philippines was covered by numerous
laws, decrees, proclamations and administrative issuances. The system
of protection was not integrated and did not have a unity of objectives.
Laws were for the conservation of specific habitats or specific species,
others for conservation for display, and still others to conserve areas
that have remained untouched.
The main law prior to the NIPAS Act which governed areas targeted
for conservation was Act 3915 which provided for the establishment of
National Parks. Passed by the Philippine Congress in 1932, this act
mandated the Governor-General (now President of the Philippines) to
“reserve and withdraw from settlement, occupancy or disposal any portion
of the public domain which, because of its panoramic, historical, scientific
Paralegal Training Manual for Protected Areas MODULE 3: National Integrated Protected Areas System (NIPAS) Act 19

or aesthetic value, should be dedicated and set apart as a national park

for the benefit and enjoyment of the people of the Philippine Islands.”
This act also performed several functions important to the evolution
of protected area management in the Philippines. First, it declared all
national parks as concurrently game refuges and bird sanctuaries.
The impact of this will be seen below during the discussion of PD 705
as amended. Second, it created the predecessor of the Protected Area
Management Board in an advisory committee for each park with not
more than five members including the provincial governor and one
resident of the province. This committee was to aid the Director of
Forestry in the administration of the park. Unfortunately, there is
little evidence that this ever happened to a significant extent. Third, it
provided penalties for occupation of national parks, destruction of
the forest and other objects of natural beauty, the hunt, capture or
killing or attempt to do so, of birds, fish or animals within the areas.
Proclamation 753, issued in 1970, declared all watersheds and
lakes and inland waters within watershed reservations as game refuge
and bird sanctuaries. This, along with the declaration of all national
parks as game refuge and bird sanctuaries, gave significance to a
provision in the Revised Forestry Code (PD 705), Sec. 19 which states
in paragraph 3 that:
. . . critical watersheds, national parks and established experimental
forests shall not be subject to commercial logging or grazing opera-
tions, and game refuges, bird sanctuaries, marine and seashore
parks shall not be subject to hunting or fishing and or activities of
commercial nature.
PD 705 in Sec. 71 further punishes illegal occupation of and
vandalism in the National Park System. Permits were not traditionally
given for the occupation of national parks.
Under Sec. 5 (a) of the NIPAS Act, the initial components of the
NIPAS shall be governed by existing laws, rules and regulations, not
inconsistent therewith. As such, most provisions of the foregoing
regulations still apply to initial components of the NIPAS. Foremost
among these is the illegality of any occupation or commercial activity
within national parks, watersheds, game refuges and bird sanctuaries.
The NIPAS Act was passed by Congress because of the inappropri-
ateness and impossibility of enforcement of the prior laws as well as
global push for biodiversity conservation.
20 Essentials of Protected Area Management in the Philippines

II. Protected Areas A. State Policy

It is the declared policy of the State to secure for Filipino people, of
present and future generations, the perpetual existence of all native
plants and animals through the establishment of a comprehensive
system of integrated protected areas within the classification of national
parks as provided in the Constitution.
It is also recognized that these areas, although distinct in features,
possess common ecological values that may be incorporated into a
holistic plan representative of our natural heritage. The effective
administration of these areas is possible only through cooperation
among the national government, local government units and concerned
private organizations. The use and enjoyment of these protected areas
must be consistent with the principles of biological diversity and
sustainable development.

B. Definition
Protected areas refer to identified portions of land and water set
aside by reason of their unique physical and biological significance,
managed to enhance biological diversity and protected against
destructive human exploitation.

C. Categories
Under the NIPAS law, the protected area categories include:
1. strict nature reserve;
2. natural park;
3. natural monument;
4. wildlife sanctuary;
5. protected landscape and seascapes;
6. resource reserve;
7. natural biotic areas; and
8. other categories established by law, conventions or international
agreements to which the Philippine Government is a signatory.
Paralegal Training Manual for Protected Areas MODULE 3: National Integrated Protected Areas System (NIPAS) Act 21

T he first premise that must be understood when discussing the NIPAS

Act is that it is a process legislation. It defines a mechanism by
which the national park system will be governed more realistically, using
III. NIPAS as a Process

biodiversity principles and site specific management strategies and with

public participation. As a mechanism, the NIPAS Act is not intended to
be the primary governing mechanism for each protected area. Instead,
the Act provides for a final step by Congress that will establish an initial
component as a protected area.
This process has four major steps.
First, by virtue of the NIPAS Act, the following areas proclaimed,
designated or set aside pursuant to a law, Presidential Decree, Presiden-
tial Proclamation or executive order shall become initial components of
the NIPAS:
1. national park
2. game refuge
3. bird and wildlife sanctuary
4. wilderness area
5. strict nature reserve
6. watershed
7. mangrove reserve
8. fish sanctuary
9. natural landmark
10. historic landmark
11. protected and managed landscapes and seascapes
12. virgin forests identified before the effectivity of the NIPAS Act,
including, under DAO 25 s. 92:
a. mossy forests
b. contiguous residual forest of good quality above 1000 m
elevation or slopes over fifty percent (50%)

Second, through technical assessment and public participation, a

recommendation will be arrived at for the suitability, boundaries,
institutional and management prescriptions of each initial component.
Third, the President will proclaim the site as protected area, defining
its boundaries and interim management arrangement.
Fourth, Congress is tasked to enact a law to finally establish it as a
protected area.
22 Essentials of Protected Area Management in the Philippines

IV. Rights and Duties A. Department of Environment and Natural Resources

under NIPAS (DENR)
The DENR has the most responsibility for the implementation of
the NIPAS Act. As such, the final management strategy arrived at
will depend to a great extent on the openness and creativity of the
men and women doing the spade work for the implementation of
the law. The entities within the DENR with responsibilities for the
implementation of the law are found mostly in rules and regulations
issued by the Secretary. This is because the Secretary, under the
statutes, is vested with two very broad powers, thus:
1. To promulgate rules and regulations necessary to carry out the
provisions of the NIPAS Act; and
2. To deputize field officers and delegate any of his powers under
the Act and other laws to expedite its implementation and enforcement.

The NIPAS Act mandates the Secretary to establish a Protected

Areas and Wildlife Division in the DENR Regional Office to be headed
by the Regional Technical Director. DAO 92-25 names other entities
and creations and defines their functions. These entities are:
1. NIPAS Policy and Program Steering Committee (NPPSC).
The NPPSC, chaired by the Secretary, was created to enhance policy
and program coordination within DENR and with other parties.
2. Protected Areas and Wildlife Bureau (PAWB). PAWB is the lead
unit for system-wide planning, technical assistance, coordination and
monitoring.
3. IPAS Technical Coordinating Committee (ITCC). The ITCC is a
committee within the PAWB created for the purpose of providing
coordination among DENR programs.
4. Protected Areas and Wildlife Division (PAWD). The PAWD shall
coordinate and monitor the activities related to protected area manage-
ment and wildlife resources conservation within the region.
5. Regional Executive Director (RED). The RED, as Chairman of
the Protected Area Management Board (PAMB):
a. enforces policies, rules and regulations adopted by DENR and
the PAMB; and
b. represents the interests and concerns of local and indigenous
communities.
6. Regional Technical Director (RTD). The RTD assists the RED
and provides technical direction and supervision over the PAWD.
7. Other protected area personnel. These personnel perform
day-to-day management, protection and administration of the pro-
tected area.
8. Protected Area Superintendent (PASu). The PASu is the site-
based chief operating officer of the DENR, residing within the pro-
tected area with administrative and regulatory duties over the park.
The following table enumerates the duties and responsibilities of the
PASu within protected areas and established buffer zones under
DAO 2000-45:
Paralegal Training Manual for Protected Areas MODULE 3: National Integrated Protected Areas System (NIPAS) Act 23

FUNCTIONS REMARKS
A. REGULATORY
1. Enforces established rules and regulations to
protect and preserve the protected area from
trespass, damage and illegal occupancy
2. Serves as Seizure Officer within area of PASu was added as one of the Seizure Officers
operation thereby assuming custody of enumerated in DAO 97-32.
apprehended items
3. Issues Seizure Receipts after conducting In accordance with DAO 97-32
Summary Administrative Seizure proceedings
4. Recommends to the CENRO disposal of Prior clearance and approval of the PAMB is
confiscated cultural and natural resources such required. The PASu cannot recommend disposition
as artifacts, forest products, wild flora and fauna, of the following items:
marine or fishery and mineral resources 1. items held under custodia legis;
2. items subject of donation;
3. items that must be deposited with the
appropriate government agency; or
4. Resources that will be utilized for DENR’s own
infrastructure needs.
5. Issues special use permit for game fishing, Provided that the activities should be undertaken for
camping and other short-term and low-impact not more than one week
recreational activities
6. Recommends the issuance of Certificate of
Land Classification (CLC)
7. Recommends the issuance of Certificate of Provided that the certificate shall be in accordance
Management Zoning Classification with the General Management Plan (GMP)
8. Recommends the issuance of cutting permits Provided that the issuance of the cutting permit:
for trees manifested in multiple use and buffer 1. Shall be for traditional and subsistence uses only;
zones for a volume of up to five (5) cubic meters 2. Shall be in accordance with the GMP; and
per applicant per year 3. Shall not adversely affect the ecological balance
of the area.
9. Recommends the issuance of cutting permits Prior clearance of the PAMB shall be secured after it
only for planted trees manifested in established had determined the ecological implications of the
buffer zones for volumes above five (5) cubic activity.
meters but not exceeding twenty (20) cubic
meters per applicant per year, for commercial
purposes
10. Recommends the issuance of Certificates of Should be in accordance with approved research
Origin, discharge and transport permits; and agreements, gratuitous permits and MOAs
other relevant permits for natural resources and approved by the PAMB and DENR, where
other protected area products collected/gathered applicable
from the area
11. Recommends the issuance or renewal of Provided that:
special use permits on public infrastructure 1. The project is within designated multiple-use
projects and established buffer zones;
2. The project should involve no timber-cutting;
3. The project should be in accordance to the
approved GMP of the area;
4. The applicant should submit the required
Environmental Compliance Certificate (ECC) for the
project ; and
5. Any renewal shall only be made upon deter-
mination that no ECC condition has been violated.
24 Essentials of Protected Area Management in the Philippines

12. Assists the DENR Field Office in reviewing

the Environmental Impact Statement (EIS) or Initial
Environmental Examination (IEE) of projects
proposed to be implemented.

B. ADMINISTRATIVE
1. Establishes a productive partnership with the
local community
2. Integrates the roles of NGOs, DENR, and
other Government Agencies in the operation of
the protected area
3. Coordinates the implementation of all Subject to the IPRA Law and other issuances
relevant activities related to tenured migrants and
ancestral domain claims
4. Leads the implementation of the GMP
5. Leads the implementation of activities related
to the establishment and management of the
protected area
6. Evaluates performance of the staff
7. Recommends the designation of a protected Provided that the designation does not entail
area staff to perform functions other than those reassignment or detail to another office
inherent to their positions
8. Approves the application of leave of absence
of PA staff
9. Approves the local travel of PA staff outside Period of travel should not exceed thirty (30) days
the protected area and/or buffer zone
10. Approves flexi-time schedule of PA staff
11. Serves as Head Secretariat to the PAMB and
its Executive Committee
12. Submits reportorial requirements to the
concerned PENRO and PAMB regularly
13. Observes and/or complies with the proper
flow of PA Office documents

C. FINANCIAL MATTERS
1. Collects and/or receives pertinent fees,
charges, donations and other incomes
2. Recommends approval of payrolls, contracts,
disbursement vouchers, RIVs, purchase orders
and other expenses
3. Prepares and recommends for PAMB
approval the Annual Work Plan and Financial
Plan (AWFP) of the protected area
Paralegal Training Manual for Protected Areas MODULE 3: National Integrated Protected Areas System (NIPAS) Act 25

B. PAMB and EXECOM

The PAMB is composed of representatives from all stakeholders.
Being a multi-sectoral body, it provides a more community-based policy
direction in the management of the protected area. The members of
the PAMB are the following:
1. The RED, under whose jurisdiction the site lies, acts as the
ex officio chair of the PAMB. S/He serves as adviser on matters related
to the technical aspects of management. Where two (2) regions
cover the site, the RED with jurisdiction over the larger portion shall
be the chair. The RED may designate his chairmanship, both of the
PAMB and of the Executive Committee to the ARED or the PENRO;
2. One (1) representative from the autonomous regional govern-
ment, if applicable;
3. The Provincial Development Officer (PDO) of each province
with territory within the protected area;
4. One (1) representative from each municipal government with
territory within the protected area;
5. One (1) representative from each barangay with territory within
the protected area. The local government representatives are desig-
nated by the head of the local government unit (LGU). If the head of
the LGU is himself/herself the one nominated to be the member of the
PAMB, s/he shall secure the ratification of the Sangguniang Bayan or
Barangay Council for his/her nomination;
6. One (1) representative from each tribal community residing
within the protected area;
7. At least three (3) representatives from non-government organi-
zations (NGOs), people’s organizations (POs), church or civic organiza-
tions based in or near the protected area. This is, however, limited to a
maximum of seven (7) representatives from NGOs and five (5) repre-
sentatives from POs. The NGO and PO representatives are endorsed
by the heads of organizations based in or near the protected area;
8. One (1) representative from the other departments or national
government agencies involved in protected area management.
The PAMB is responsible for budget allocations, funding proposals,
deciding on matters relating to planning, peripheral protection and
general administration of the area in accordance with the General
Management Planning Strategy (GMPS).
Since the multi-sectoral and broad participation which a wide
PAMB membership encourages is also inefficient, DAO 25 s. 92
allows the PAMB to create an Executive Committee composed of the
ARED as Chairman and at least two representatives each from local
governments, concerned NGOs, and indigenous cultural communities.

C. COMMUNITY RIGHTS
The NIPAS Act refers to two kinds of communities in protected
areas, and grants them, or recognizes, their rights therein.
1. Indigenous Cultural Communities (ICCs)
The rights of Indigenous Cultural Communities (ICCs) are expressly
recognized in the NIPAS Act, and the process makes it possible to
ensure the primacy of their decisions and their self-determination
despite the non-recognition of ancestral title therein. Representation in
the PAMB and consideration of their customs and traditions in
determining prohibitions were also given to the ICCs under the Act.
26 Essentials of Protected Area Management in the Philippines

2. Tenured Migrants
The NIPAS Act refers to tenured migrants as those occupants of
protected areas that have been there for five (5) years before the
establishment of the protected area, and derive income solely from the
area. Tenured migrants may occupy specific portions of the protected
area. They have the right to participate in the development and
implementation of all plans, policies and guidelines affecting them.
For as long as they form a non-government organization or a local
community organization, they can be represented in the PAMB.

V. Management
Strategy S trategies in managing protected areas include the use of manage-
ment plans, zoning, and fund-raising activities.

A. Management Plan
The management of the protected areas shall be governed by a
two-tiered management plan. First, the PAWB shall prepare a General
Management Planning Strategy (GMPS) which shall address the following:
1. Adoption of innovative management techniques;
2. Protection of indigenous cultural community domains and
interests, and the rights of tenured migrants; and
3. Coordination among the DENR, the local government, the
private sector and the general populace.
Second, the GMPS shall serve as a guide in the formulation of the
site-specific Management Plan. This site-specific Management Plan
shall serve as the basic long-term framework plan in the management
of the protected area and as a guide in the preparation of the annual
operations plan and budget.
Public consultations and hearings with local communities, NGOs
and POs, LGUs, and concerned national government offices shall be
undertaken in the preparation of the Management Plan. The plan shall
be endorsed to the Secretary for his approval and officially adopted by
the PAMB.
The Management Plan shall also be translated into an annual work
program with supporting budget by the protected area staff under the
direction of the PASu. The work program and budget shall be ap-
proved by a majority of the PAMB members. The plan shall be reviewed
and updated on a regular basis, at least once every three (3) years.

B. Zoning
To provide flexibility in management, each protected area and its
buffer zones shall be divided into one or more categories listed below.
Cultural communities, tenured migrants, other existing protected area
users and local governments shall be part of the decision-making
process in zone establishment and management planning.

C. Integrated Protected Area Fund (IPAF)

The Integrated Protected Areas Fund (IPAF) is a trust fund for
projects of the NIPAS. Any income generated from the operation of
NIPAS or the management of wild flora and fauna shall accrue to this
fund and may be used directly by the DENR for its operation and
management. This income shall be derived from:
Paralegal Training Manual for Protected Areas MODULE 3: National Integrated Protected Areas System (NIPAS) Act 27

Category Definition
Strict Protection Zone Areas with high biodiversity value which shall be closed to all human
activity except for scientific studies and/or ceremonial or religious
use by indigenous communities.
Sustainable Use Zone Areas of degraded habitat where the habitat and its associated
biodiversity shall be conserved, but where consistent with the
management plan and with PAMB approval:
(a) indigenous community members, tenured migrants, and/or
buffer zone residents may be allowed to collect and utilize natural
resources using traditional sustainable methods that are not in
conflict with biodiversity conservation requirements; (b) research,
including the reintroduction of indigenous species, may be
undertaken; and (c) park visitors may be allowed limited use.
Restoration Zone Areas of degraded habitat where the long-term goal will be to
restore natural habitat with its associated biodiversity and to rezone
the area to a more strict protection level.
Habitat Management Areas with significant habitat and species values where management
Zone
Z practices
ti are required
i d periodically
i di ll tot maintain
i t i specific
ifi non-climax
li
habitat types or conditions required by rare, threatened or
endangered species. Human habitation and sustainable use may
be allowed if they play a habitat management role.
Multiple-Use Zone Areas where settlement, traditional and/or sustainable land use,
including agriculture, agroforestry, extraction activities and other
income generating or livelihood activities may be allowed to the
extent prescribed in the management plan. Land tenure may be
granted to tenured migrants, whether indigenous cultural community
members or migrants.
Buffer Zone Areas outside the protected area but adjoining it managed by the
PAMB to prevent encroachment into the protected area by outsiders.
Cultural Zones Areas with significant cultural, religious, spiritual or anthropological
values where traditional rights exist and ceremonies and/or cultural
practices take place.
Recreational Zones Areas of high recreational, tourism, educational, or environmental
awareness values where sustainable eco-tourism, recreational,
conservation, education or public awareness activities may be
allowed as prescribed in the management plan.
Special Use Zones Areas containing existing installations of national significance, such
as telecommunications facilities, irrigation canals or electric power
lines.
Others As may be used in the management plan and approved by the
Secretary.

1. Taxes from permitted sale and export of flora and fauna and
other resources from protected areas;
2. Proceeds from the lease of multiple-use areas;
3. Contributions from industries and facilities directly benefiting
from the protected areas;
4. Fines and fees, including protected area entry fees, collected
and derived from the operation of the protected area; and
5. Such other fees and income derived from the operation of the
protected area.
The disbursements from the IPAF shall be solely for the protection,
maintenance, administration, and management of the NIPAS, and duly
approved projects endorsed by the PAMBs, in the amounts authorized
by the DENR.
28 Essentials of Protected Area Management in the Philippines

V. Prohibited Acts The following acts are prohibited in protected areas:

Prohibited Acts Exceptions

1) Hunting, destroying, disturbing, or mere possession of Except when there is a permit

any plant or animal or products derived therefrom specially authorizing the activity from
the PAMB or in the case of ICCs,
there is a mutually agreed upon
policy.

2) Dumping or otherwise disposing of any waste products

detrimental to the protected area or to the plants and
animals or inhabitants therefrom.

3) Use of motorized equipment Except when the user has a permit.

4) Mutilating, defacing or destroying objects of natural

beauty, or burial grounds, religious sites, artifacts or other
objects belonging to cultural communities.

5) Damaging and leaving roads and trails in damaged

condition.

6) Squatting, mineral exploitation, or otherwise illegally

occupying any land.

7) Constructing or maintaining any kind of structure, fence Except when there is a permit
or enclosures and conducting any business enterprise. authorizing the activity.

8) Leaving in exposed or unsanitary condition, refuse or

debris, or depositing wastes in bodies of water.

9) Altering, removing, destroying or defacing boundary

marks or signs.

Any person found guilty of any offense enumerated above shall be

fined an amount ranging from Five Thousand Pesos (P5,000.00) to
Five Hundred Thousand Pesos (P500,000.00), and/or be imprisoned
for a period of not less than one (1) year but not more than six (6)
years. In addition, the court may order:
1. the offender to restore or compensate for any damage, if the
area requires rehabilitation or restoration;
2. the eviction of the offender from the land; and
3. the forfeiture in favor of the government of:
a. all mineral, timber or any species collected or removed;
b. all equipment, devices and firearms used in connection with
the offense; and
c. any construction or improvement made by the offender.
Paralegal Training Manual for Protected Areas MODULE 4: Laws on Forestry (P.D. 705) 29

MODULE 4
LAWS ON FORESTRY
(P.D. 705)

DURATION: 1 hour

MODULE OBJECTIVES:
At the end of the session, the participants are expected to:
1. Have sufficient knowledge of the laws relating to
forestry, especially on illegal logging and other
common forestry violations; and
2. Be able to incorporate such knowledge with their
environment protection work in protected areas.

SUGGESTED TEACHING METHODS:

1. Lecture, with visual aids
2. Discussion, with chalk talk
3. Open forum

LOGISTICS:
1. Board and writing instruments
2. Overhead projector
3. Acetates
4. Other visual aids
5. Handouts: matrix of violations

O ur forests are vanishing at an incredible rate. At the start of

the century, the Philippines had 70% forest cover. By 1999,
less than a hundred years after, our archipelago’s forests are but
I. Introduction

a mere 18.3%.
We cannot overstate the value of forests which provide us
with water. Moreover, their destruction causes soil erosion
especially of the agricultural lands’ top soil, flood and siltation
and also degrades the coastal areas and the coral reefs being
affected by siltation. Habitats are destroyed leading to tragic
loss of biodiversity.
30 Essentials of Protected Area Management in the Philippines

II. The Forestry Code

of the Philippines
(PD 705)
T he primary law on forestry is Presidential Decree No. 705, otherwise
known as the Forestry Reform Code of the Philippines, together with
several implementing rules and regulations such as DENR Administra-
tive Orders and Memorandum Circulars which provide the details.
There are fairly sufficient statutes to prevent further forest destruction.

III. Illegal Logging A. How committed

The single most important provision in PD 705 is section 78 (for-
merly section 68), referring to the commonly used term “illegal log-
ging”. This criminal act can be committed in three ways, as shown in
the following matrix:

Three Modes of Committing the Offense of Illegal Logging

Modes Acts Punished Object Origin Basis of

(Mode) Offense

1 Cutting, gathering, Timber or Forest land without

collecting, removing Forest Product (Public) authority

2 Cutting, gathering, Timber A & D public without

collecting, removing land, private authority
land

3 Possession Timber or All without legal

Forest Products documents

FIRST MODE

The accused cuts, gathers, collects or removes timber or other forest products

Timber or other forest products are cut, gathered, collected or removed from
the forest land

The cutting, gathering, collecting or removal of timber or other forest products

is without authority

SECOND MODE

The accused cuts, gathers, collects or removes timber

Timber is cut, gathered, collected or removed from ( i ) alienable or

disposable public land or ( ii ) private land

The cutting, gathering, collecting or removal of timber is without authority

THIRD MODE

The accused possesses timber or other forest products

His/Her possession of timber or other forest products is without legal

documents as required by existing forest laws and regulations.
Paralegal Training Manual for Protected Areas MODULE 5: The Law on Fisheries (R.A. 8550) 31

Logging or the acts of cutting, gathering, collecting and removing

are allowed provided there is proper authorization. Authorization can
come in the form of cutting permits, Timber License Agreements,
Integrated Forestry Management Agreements, etc.
The illegal act of possession of forest products or timber without the
required documents is usually related to its transport. For the posses-
sion or transport, there are several specific documents required, such
as Certificate of Timber Origin, Tally Sheet, Certificate of Transport
Agreement, or Certificate of Trans-shipment.
The third mode of commission is almost a catch-all provision. Even if
there is doubt as to the act of cutting, gathering, collecting or removing
as well as uncertainty as to the source, an illegal logger can still be
found guilty of possessing timber or forest products without the neces-
sary documents. This is the reason why when illegal loggers are caught,
they would rather abandon the logs since admitting to its possession
without the necessary documents is practically an admission of guilt.

B. Penalties for Illegal Logging

Each of the above acts is punishable by imprisonment based on the
value of the timber or forest product. Imprisonment ranges from 2
years, 4 months and 1 day to 20 years as shown in the following table:

Penalties for Illegal Logging

VALUE PENALTY DURATION

More than P 22,000.00 Reclusion Temporal 15 years, 2 months & 21 days to 20 yrs.
in its medium and maximum ( 1 year for each additional P 10,000.
periods (Maximum) but total penalty shall not exceed 20 years.)

More than P 12,000.00 Reclusion Temporal 14 years, 8 months &

up to P 22, 000.00 in its medium and 1 day to 20 years
maximum periods

More than P 6, 000 Prision Mayor in its maximum period to 10 years & 1 day to 12 years
up to P 12, 000 Reclusion Temporal in its minimum period

More than P 200 up Prision Mayor in its Medium 8 years & 1 day to 12 years
to P 6, 000 and Maximum Period

More than P 50 up * Prision Mayor in its Medium Period 8 years & 1 day to 12 years
to P 200 to Reclusion Temporal

More than P 5 up ** Prision Mayor in its Maximum Period 8 years & 1 day to 12 years
to P 50

Five Pesos or less Prision Correccional in its medium 2 years, 4 months &
and maximum period 1 day to 6 years

* This penalty seems incongruous since it is higher than the

penalty imposable where the value of the forest products involved is
more than P 200 up to P 6,000.
** The same incongruity arises where the value of the forest prod-
ucts involved is more than P 5 up to P 50 as the penalty would be
prision mayor in its fullest extent which has a duration of 12 years.
32 Essentials of Protected Area Management in the Philippines

C. Evidence in Illegal Logging

Upon apprehension, the forest products, conveyance and para-
phernalia must be seized. Scaling or measurement of the forest product
and inventory of all the seized objects must be undertaken and reflected
in a seizure receipt. A copy of the seizure receipt must be delivered to
the offender and the receipt must be duly acknowledged or tendered if
s/he refuses.
Other evidence that must be prepared or obtained as soon as
possible are:
1. Sworn statements (affidavits) narrating the surrounding facts of
the case;
2. Conversion of the object evidence to documentary evidence
(e.g. photographs);
3. A certification from the local DENR office that the offender has
not been issued any valid authority or document related to the offense
committed. (Please see module on Arrest, Search and Seizure for
more detailed discussion.)
An amendment to PD 705, Section 78-A, provides for administrative
confiscation of the illegally cut, gathered, collected or removed timber
or forest products, and all conveyances used in the illegal logging act.
The said amendment also made it clear that the judicial remedy of
replevin which may be issued by the judge ex-parte (without notice
or hearing) is no longer available for the confiscated objects. It bears
mentioning, too, that they are evidence or “proof of commission of the
crime” and should therefore be in custogia legis (custody of the court)
where replevin is also not available.
Paralegal Training Manual for Protected Areas MODULE 4: Laws on Forestry (P.D. 705) 33

M angroves are very important. Mangroves are efficient barriers of

siltation and erosion from the land. It likewise acts as natural
breakwater against tidal action. In terms of food production, man-
IV. Mangroves

groves serve as habitat and regeneration grounds for a large number

of aquatic life.
Mangrove areas are considered forests, and mangroves are consid-
ered timber, regardless of size. As such, the unauthorized cutting,
gathering, collecting, removal and possession thereof is considered
illegal logging. PD 705 and DENR AO No. 15, s.1990 are the basic
statutes with regard to mangroves. Being forests, they are not subject to
private ownership. Due, however, to our inefficient government system,
it is not surprising to find mangrove areas classified as alienable and
disposable and at times even titled. Existing fishponds in mangrove
areas are subject to strict control of the law. Those that have been
converted but are not utilized or are abandoned for at least five (5)
years are automatically reverted to forestlands.
Mangrove areas have been most vulnerable to fishpond conversion.
Realizing the widespread destruction of mangroves, the Philippine
Fisheries Code of 1998 (RA 8550, Sec. 94) bans the conversion of
mangroves for fishpond development or for other purposes.

C ertain tree species have been put under particular controls. Narra
is a regulated species (may be cut provided the necessary permits
are obtained), while cutting of Almaciga is banned. Particular premium
V. Tree Specific
Regulations
species and fruit trees are also covered by specific regulations. The
following matrix shows species-specific regulations:
TREE SPECIFIC REGULATIONS
SPECIES CONTROL REGULATIONS

Narra Regulated DENR AO No. 58, s. 1993

DENR MC No. 22, s. 1990
Almaciga Banned DENR AO No. 74, s. 1987
Premium Species
Narra Lanete
Kalantas Betis Regulated
Dao Bolong-eta DENR AO No. 78, s. 1987 amd.
Kamagong Lumbayao Allowed only in Private Lands by DENR AO No. 46, s 1992
Ipil Sangilo and certain areas (e.g. approved
Manggis Supa military reservation clearings,
Apanit Teak skidways, roadways, etc.)
Banuyo Akle*
Batikuling Tindalo* * Prohibited if less than 60 cm * Act No. 3572, Nov. 26, 1929
Molave * diameter at 4 feet from the ground

Fruit Trees
Macopa Baluno
Yambo Bulala Regulated. Permit required to cut
Boboa Gumihan fruit trees in public or communal Act No. 2812 (1919)
Alupag Marang forests for use as lumber or
Batuan Nangka firewood
Mangostan Lansones
Pili Mabolo/Camagon
Balobo Alupag-amo
Guayabas Pajo/Pajutan
Durian
34 Essentials of Protected Area Management in the Philippines

VI. Other Criminal Aside from illegal logging, PD 705 also punishes the following acts:
Offenses under PD 705

Criminal Offense and Penalties Under PD 705

Act O bject Authority Penalty

S e ctio n 7 9. U nl a wful O ccup a ti o n o r D e structi o n o f F o re st L a nd s a nd G ra zi ng L a nd s

Enters w/o authority under
Occupies Forest or grazing land license, agreement, > P 500 - P20,000
Possesses lease, or permit > 6 months - 2 yrs.
Destroys >10x Rental & Charges
Timber stand > Eviction
Damage Forest products > Forfeiture: improvements, vehicles,
Forest growth domestice animals, equipment used
Sets fire or negligently Forest or grazing land > If govt. employee add: dismissal
permits fire to be set
Re fuse s to v a ca te the a re a whe n o rd e re d re s e ttl e d /e j e cte d ) p e r * Administrative Confiscation
S e c. 53 , P D 70 5 (sub j e ct to te nure d m ig ra nt p ro v isi o ns o f N IP A S A ct)
> 2-4 years + 8x forest charges +
Making kaingin Forest or grazing land full cost of production
> 2nd Off. Max Imprisonment
> 3rd Off. Double Max Imprisonment

S e ctio n 8 0. P a sturi ng L i v e sto ck

graze or cause to graze livestock in forest, w/o authority > 6 months - 2 years
grazing and A & D lands not so disposed (permit or lease) > Fine: 10x regular rentals due
> Confiscate livestock, Improvements

S e ctio n 5 5 & 82 . D e structi o n o f W i ld l ife Re so urce s

Violation of regulations to conserve and regulate hunting > Fine: P 100.00 per violation
of wildlife in forest lands > Denial of permit for 3 years

S e ctio n 8 3. S urv e y b y U na utho ri ze d P e rso ns

Enter any forest lands, whether covered by w/o authority > 2 - 4 years
license, agreement, lease or permit and to survey > Cancellation of license
conduct survey for whatver purpsose > Confiscate implements used

Section 84. Misclassification and Survey by Government Official or Employee

Any public official or employee who knowingly surveys, classifies or > 1 year imprisonment
recommends release of forest lands as A & D contrary to law > Fine: P 100.00 per
violation
> Dismissal

Section 85. Erroneous Issuance of Tax Declaration on Real Property

Any public official or employee who issues tax declaration on > 1 year imprisonment
real property without certification from the Director of Forest Development > Fine: P 100.00 per
violation
> Dismissal
Paralegal Training Manual for Protected Areas MODULE 5: The Law on Fisheries (R.A. 8550) 35

MODULE 5
THE LAWS ON FISHERIES
(R.A. 8550)

DURATION : 1 hour

MODULE OBJECTIVES:
At the end of the session, the participants are expected to:
1. Be able to discuss the more important and relevant
features of Republic Act 8550, otherwise known as
the Philippine Fisheries Code of 1998, in the context
of protected area management.
2. Be acquainted with the penal provisions of the
above-cited statute.

SUGGESTED TEACHING METHODS:

1. Lecture, with acetates or other visual aids
2. Open Forum

LOGISTICS:
1. Board and writing materials
2. Acetates
3. Overhead Projector

T he primary law on the utilization, protection and management of the

country’s coastal and marine resources is the Philippine Fisheries
Code of 1998 (RA 8550).
I. Introduction

It replaced Presidential Decree No. 704, which governed the

fisheries industry from 1975 until RA 8550 was enacted. The Philip-
pine Fisheries Code is a product of more than a decade of discussion
among and lobbying by NGOs and subsistence fisherfolk from all over
the country. Thus, while it contains problematic provisions, it still
deserves our support. In any case, this piece of legislation can be
treated as an experiment and should be reviewed and improved with
time. The assistance of people on the ground, such as those who help
enforce this law, is therefore of utmost importance.
Note however that not all the provisions of the Philippine Fisheries
Code are applicable in protected areas (PAs) as the NIPAS Act remains
the primary law governing PAs. It is, therefore, important to know
which portions of the Code are applicable and which good portions of
it that may not be applicable at first instance, can be adopted by PA
managers for the benefit of subsistence fisherfolk in protected areas.
36 Essentials of Protected Area Management in the Philippines

II. State Policy on

Fisheries and
Marine Resources
T he Constitution may not have a specific provision on coastal
resources but, it provides for the protection of the nation’s marine
wealth, thus:
Art. XII, Sec. 2, par. 2 - “The State shall protect the nation’s
marine wealth in its archipelagic waters, territorial sea, and exclusive
economic zone, and reserve its use and enjoyment exclusively to Filipino
citizens.”
Art. XII, Sec. 2, par. 3 - “The Congress may, by law, allow small-
scale utilization of natural resources by Filipino citizens, as well as
cooperative fish farming, with priority to subsistence fishermen and
fishworkers in rivers, lakes, bays, and lagoons.”
Art. XIII, Sec. 7 - “The State shall protect the rights of subsistence
fishermen, especially of local communities, to the preferential
use of the communal marine and fishing resources, both inland and
offshore. xxx”
(Emphases supplied)

In addition, Art. XIII, Sec. 15, par. 1states that “[t]he State shall
respect the role of independent people’s organizations to enable the
people to pursue and protect, within the democratic framework, their
legitimate and collective interest and aspirations through peaceful and
lawful means.”
This becomes even more important when dealing with fisheries
issues at the local level because of the existence of people’s organiza-
tions and non-governmental organizations in coastal communities.
Paralegal Training Manual for Protected Areas MODULE 5: The Law on Fisheries (R.A. 8550) 37

A. Policies III. Policies and

The Fisheries Code enumerates the State’s policies in fisheries, namely, Objectives of the
achieving food security, exclusive use of fishery resources by Filipinos, Fisheries Code
protecting the rights of and giving priority to municipal fisherfolk,
providing technical and other support to fisherfolk.
1. Sec. 2, par. (a) - “to achieve food security as the overriding
consideration in the utilization, management, development,
conservation and protection of fishery resources xxx”
2. Sec. 2, par. (b) - “to limit access to the fishery and aquatic
resources of the Philippines for the exclusive use and
enjoyment of Filipino citizens.”
3. Sec. 2, par. (c) - “to ensure the rational and sustainable
development, management and conservation of the fishery
and aquatic resources in Philippine waters xxx”
4. Sec. 2, par. (d) - “to protect the rights of fisherfolk, especially
the local communities with priority to municipal fisherfolk,
in the preferential use of the municipal waters. xxx”
5. Sec. 2, par. (e) – “to provide support to the fishery sector,
primarily to the fisherfolk sector, including women and youth
sectors, through appropriate technology and research xxx and
other services. The protection of municipal fisherfolk against
foreign intrusion shall extend to offshore fishing grounds. xxx”
6. Sec. 2, par. (f) - “to manage fishery and aquatic resources, in a
manner consistent with the concept of an integrated coastal
area management in specific fishery management areas xxx”
7. Sec. 2, par. (g) – “ to grant the private sector the privilege to
utilize fishery resources xxx”

B. Objectives
The objectives of the Fisheries Code are summed up in Section 2
as follows:
1. Conservation, protection and sustained management of the
country’s fishery and aquatic resources;
2. Poverty alleviation and the provision of supplementary livelihood
among municipal fisherfolk;
3. Improvement of productivity of aquaculture within ecological
limits;
4. Optimal utilization of offshore and deep-sea resources; and
5. Upgrading of post-harvest technology.

A. Philippine Waters IV. Use and Users

Section 5 of the Fisheries Code states that the use and exploitation of Waters
of the fishery and aquatic resources in the Philippine waters shall be
reserved exclusively to Filipinos, except that research and survey
activities may be allowed under strict regulations, for purely research,
scientific, technological and educational purposes that would also
benefit Filipino citizens.
The exclusivity of the right of Filipinos to fish in Philippine waters
extends to the Exclusive Economic Zone (EEZ). It is, therefore, within
the power of law enforcers, including park rangers, to apprehend
foreign vessels fishing within Philippine waters.
The right of the Filipinos to conduct fishing operations in Philippine
waters is certainly subject to licensing and other limitations. Fishpond
operations, for example, should be done through a Fishpond License
38 Essentials of Protected Area Management in the Philippines

Agreement (FLA), and commercial fishing operations should be done

through a Commercial Fishing Boat License (CFBL). Without these
licenses, the operations are illegal.

B. Municipal Waters
Municipal waters include all the bodies of water within the munici-
pality, such as, streams, rivers, ponds, lakes, and also portions of the
coastal waters within fifteen (15) kilometers from the shoreline. All
fishery-related activities in municipal waters shall be utilized by munici-
pal fisherfolk and their cooperatives/organizations.
Under the Code, municipal waters fall under the jurisdiction of the
municipality or city. Thus, municipal governments are empowered to
issue ordinances, and rules and regulations with regard to the manage-
ment, utilization, conservation and protection of the coastal and marine
resources therein. The LGUs shall also enforce all fishery laws, rules
and regulations, and fishery ordinances they have enacted.
Aside from the LGUs, other bodies have recommendatory functions
and also help in law enforcement. These are the Fisheries and Aquatic
Resources Management Councils (FARMCs) in all municipalities
abutting municipal waters and an Integrated FARMC formed from
barangays of different municipalities that share the same body of water,
e.g., gulfs and bays.

C. Applicability in protected areas

Are the abovementioned provisions applicable in protected areas?
For sure, the rule on exclusivity of use of Philippine waters to Filipinos is
applicable. However, it is submitted that fishing within the protected
area is subject to the sound discretion of the PAMB.
What is certain though is that the concept of municipal waters is not
applicable in the case of protected areas. In defining “municipal waters”,
Sec. 4(58) of the Code expressly excludes those bodies of water “which
are included within the protected areas as defined under Republic Act
No. 7586 (The NIPAS Law)”. Since all the other provisions cited above
derive their existence from the rule on municipal waters, it is but logical
that the powers of the local governments and the FARMCs cannot be
exercised within protected areas. Thus, the PAMB sets the policies with
regard to the utilization, management, conservation and protection of
the coastal and marine resources within the protected area.

V. Administration A. Primary Implementor

The implementation of the Fisheries Code is principally lodged with
the Department of Agriculture (DA). To mainstream the fisheries industry,
the Code created the position of Undersecretary for Fisheries and
Aquatic Resources (BFAR)solely for the purpose of attending to the
needs of the fishing industry. Meanwhile, the Bureau of Fisheries and
Aquatic Resources (BFAR) has been strengthened and reconstituted as a
line bureau. The Code also created a National FARMC to assist the DA
and BFAR, in particular, in formulating policies for the fishing industry.
BFAR is the main administrative body concerned with fisheries. It issues
licenses for the operation of commercial fishing vessels. It is also tasked
to prepare and implement a Comprehensive National Fisheries Industry
Development Plan. The development, formulation and implementation of
fisheries policies are also functions of BFAR. These administrative actions
usually come in the form of Fisheries Administrative Orders (FAOs).
Paralegal Training Manual for Protected Areas MODULE 5: The Law on Fisheries (R.A. 8550) 39

B. Who exercises superior authority over

protected areas
Despite the regulatory powers of DA-BFAR over the fishing industry,
the DENR still exercises primary powers over protected areas. The
NIPAS Act places the jurisdiction over protected areas in the hands of
the DENR. The NIPAS Act should be considered special as against the
general character of the Fisheries Code.
The same is true in the case of the PAMB. Since the PAMB derives
its powers from the DENR Secretary, the policies of the PAMB are
superior over those of DA-BFAR. Efforts should however be made to
harmonize the policies of DA-BFAR on the one hand, and of DENR
and PAMB on the other hand. When there is no conflict between
the policies of the agencies involved, all these policies should be
followed.

A. Monitoring, Control and Surveillance VI. Law Enforcement

The Fisheries Code contains a new provision in Section 14. It states:
“Sec. 14. Monitoring, Control and Surveillance of Philippine
Waters. - A monitoring, control and surveillance system shall be
established by the Department in coordination with LGUs, FARMCs,
the private sector and other agencies concerned to ensure that the
fisheries and aquatic resources in Philippine waters are judiciously
and wisely utilized and managed on a sustainable bases and con-
served for the benefit and enjoyment exclusively of Filipino citizens.”
Section 4(55) of the same law defines Monitoring, Control and
Surveillance (MCS), thus:
“55. Monitoring, control and surveillance. -
“a. Monitoring - the requirement of continuously observing (1)
fishing effort which can be expressed by the number of days
or hours of fishing, number of fishing gears and number of
fisherfolk; (2) characteristic of fishery resources; and (3)
resource yields;
“b. Control - the regulatory conditions (legal framework) under
which the exploitation, utilization and disposition of the
resources may be conducted; and
“c. Surveillance - the degree and types of observations required
to maintain compliance with regulations.”

The above quoted provisions show that the MCS System is not a
new concept. In fact, it is something that many government offices,
NGOs, POs, and other entities have been doing for years now.
But this development should be viewed in the context of its being
holistic in approach.
The MCS System, especially the monitoring aspect, provides for a
mechanism that allows communities and government agencies and
instrumentalities to view law enforcement, in particular, and coastal
resource management, in general, from the perspective of the re-
sources. The monitoring system should therefore be maximized to
provide sound bases for policy formulation and development, and for
information, education and communication efforts.
40 Essentials of Protected Area Management in the Philippines

B. Who shall enforce fisheries law

There are at least three bases for establishing authority to enforce
the laws, particularly fishery laws, in protected areas.
Those who are mandated to enforce the Fisheries Code are:
Sec. 124 - “The law enforcement officers of the Department, the
Philippine Navy, Philippine Coast Guard, Philippine National Police
(PNP), PNP-Maritime Command, law enforcement officers of the
LGUs and other government enforcement agencies, are hereby
authorized to enforce this Code and other fishery laws, rules and
regulations. Other competent government officials and employees,
punong barangays and officers and members of fisherfolk associa-
tions who have undergone training on law enforcement may be
designated by the Department as deputy fish wardens in the enforce-
ment of this Code and other fishery laws, rules and regulations.”
Section 18 of the Fisheries Code also states:
Sec. 18 – “All officials, technical personnel and forest guards
employed in the integrated protected area service or all persons
deputized by the DENR, upon recommendation of the Management
board shall be considered as field officers and shall have the authority
to investigate and search premises and buildings and make arrests in
accordance with the rules on criminal procedure for the violation of
laws and regulations relating to protected areas. Persons arrested
shall be brought to the nearest police precinct for investigation.
“Nothing herein mentioned shall be construed as preventing
regular law enforcers and police officers from arresting any person
in the act of violating said laws and regulations.”
Still, there is the citizen’s arrest provision of the Rules of Court which
shall be discussed in the module on Arrest, Search, Seizure and Detention.

VII. Prohibited Acts

T he table on the next page shows the acts that are prohibited under
the Fisheries Code. Save for those acts that involve the municipal
waters among its elements, these prohibitions are applicable even
within protected areas.
VIOLATIONS AND PENALTIES
THE PHILIPPINE FISHERIES CODE OF 1998
VIOLATIONS PENALTIES REMARKS
Unauthorized fishing without license, For commercial fishing boat captain/ Discovery of fishing without permit
lease, or permit (Sec. 86) Three (3) highest officers: or registration papers EXCEPT for
1) Fine - equiv. To value of catch or daily sustenance & leisure
P10,000 w/c ever is higher constitutes a prima facie
2) Imprisonment of 6 months presumption of unauthorized fishing.
3) Confiscation of catch and fishing gears
4) Automatic revocation of license

Unauthorized fishing in bays or other For commercial fishing boat captain/

fishery management areas which are Three (3) highest officers:
declared over-exploited (Sec. 86) 1) Fine - equiv. To value of catch or
P10,000 w/c ever is higher
2) Imprisonment of 6 months
3) Confiscation of catch and fishing gears
4) Automatic revocation of license

Unauthorized commercial fishing 1) Fine - P500.00 One should be listed in the registry
in municipal waters (Sec. 86)1 2) Confiscation of catch of municipal fisherfolk before
fishing in Municipal waters
1 NOTE: There are no municipal waters within protected areas.
Paralegal Training Manual for Protected Areas MODULE 5: The Law on Fisheries (R.A. 8550) 41

VIOLATIONS PENALTIES REMARKS

Poaching in Philippine waters 1) Fine - $100,000 Entry of any foreign fishing vessel
(Sec. 87) 2) Confiscation of catch, fishing equip., in Phil. waters shall constitute a
fishing vessel prima facie evidence that the
3) Dept. may impose administrative fine vessel is engaged in fishing
of not less than $50,000 but not
greater than $200,000 or equivalent Discovery of gear in fishing vessel
in Phil. Currency or in possession of fishery operator
= evidence of actual use in fishing.

Fishing through explosives, 1) Mere possession - imprisonment EXCEPTIONS: Dept. may allow
substances and/or electricity 6 mos. - 2 yrs.; confiscation of catch, such practices for research,
(Sec. 88) gear, vessel educational or scientific purposes
2) Actual use - imprisonment only or to eradicate predators in
5 yrs. - 10 yrs. without prejudice fishponds.
to separate criminal case when such
results of physical injury or death; Discovery of explosives and
confiscation of catch, gear, vessel chemical compounds or
equipment for electro-fishing shall
constitute prima facie evidence.

Knowingly possessing, dealing in, 1) Imprisonment of 6 mos. - 2 yrs. Discovery of fish illegally caught
selling, disposing fish/ fishery 2) Confiscation of catch, gear, vessel shall constitute prima facie
species illegally caught (Sec. 88) evidence

Use of fine mesh nets (Sec. 89) 1) Fine from P2,000 to P20,000 ... EXCEPTION: gathering of fry, glass,
and/or eels, elvers, tabios, alamang and
2) Imprisonment of 6 months – 2 years such species which by their nature
If committed by a commercial are small but already mature
fishing vessel, the boat captain and (identified by the IRR; mesh size
master fisherman, owner/operator set by the Dept.)
= also subject to the same penalties
The Department may impose an
administrative fine and/or cancel
his permit or license or both

Use of active gear in the municipal 1) Boat captain and master fisherman If owner/operator is a corporation,
waters and bays and other fishery of the vessels who participated the penalty shall be imposed on
management areas (Sec. 90) – Imprisonment of 2-6 yrs. the chief executive officer; if it is
2) Owner/operator of the vessel a partnership, penalty is imposed
-Fine from P2,000 to P20,000 on the managing partner
3) Confiscation and forfeiture of catch

Gathering, possessing, selling, or 1) Imprisonment of 6 months - 2 yrs... EXCEPTION: gathering and

exporting ordinary precious and And/or possession for scientific or
semi-precious corals (Sec. 91) 2) Fine P2,000 to P20,000 research purposes
3) Forfeiture of subject corals, vessel
and its proper disposition
4) Revocation of license

Fishing in violation of catch ceilings 1) Imprisonment of 6 mos. The confiscated corals shall be
(Sec. 101) and 1 day - 6 yrs...and/or returned to the sea or donated
2) Fine - P50,000 to schools and museums for
3) Forfeiture of catch and fishing educational or scientific purposes.
equipment used
4) Revocation of license

Introduction by human or machine 1) Imprisonment of 6 yrs and HAZARDOUS EFFECTS:

substances or energy to the aquatic 1 day - 12 yrs and/or harming of living and non-living
environment which results or is likely to 2) Fine - P80,000 aquatic resources; potential and/or
result in Aquatic Pollution (Sec. 102) 3) Additional Fine of P80,000 per day real hazard to human health;
until such violation ceases hindrance to aquatic activities
and the fines paid such as fishing and navigation;
deforestation; unsound agricultural
practices such as the use of banned
chemicals and excessive use of
chemicals; intensive use of artificial
fish feed; wetland conversion
42 Essentials of Protected Area Management in the Philippines

VIOLATIONS PENALTIES REMARKS

Failure to exhibit or show proof of The owner and captain of a commercial Every penalty imposed for the
compliance with the safety standards fishing vessel shall be: commission of an offense shall carry
(Sec. 103) 1) immediately prevented from with it confiscation and forfeiture,
continuing with his fishing activity in favor of the Government, of
2) escorted to the nearest port proceeds and instruments or tools;
or landing point and, UNLESS they be the property of a
3) his license to operate shall be third person not liable for the
suspended, until safety standard offense, but those articles which
is complied with are not subject of lawful commerce
shall be destroyed.
Failure to conduct yearly report 1) Immediate cancellation of FLA
on all fishponds, fish pens and 2) If offender is owner of fishpond,
fish cages (Sec. 103) fish pen or fish cage
a) first offense - Fine of P500.00 per
unreported hectare
b) subsequent offenses - Fine of
1,000 per unreported hectare
Taking, selling, transfering, or having 1) Fine - P2,000 - P10,000 and/or Every penalty imposed for the
in possession any shellfish which 2) Imprisonment of 1 month and commission of an offense shall carry
is sexually mature or below the 1day to 6 months with it confiscation and forfeiture,
minimum size or above the maximum 3) Administrative fine of not more in favor of the Government, of
quantities prescribed for particular than P10,000 proceeds and instruments or tools;
species (Sec. 103) 4) Cancellation of permit or license UNLESS they be the property of
5) Impound with the assistance a third person not liable for the
of the Phil. Coast Guard, offense, but those articles which
PNP-Maritime Command are not subject of lawful commerce
shall be destroyed.
Obstruction to navigation or flow 1) Fine - not more than P10,000 and/or
or ebb of tide in any stream, river, 2) Imprisonment of not more than 2 yrs.
lake or bay (Sec. 103) 3) Forfeiture of the proceeds and the
instruments or tools with which it was
committed.
Construction and operation of Fish Every penalty imposed for the
corals/traps, fish pens and Fish cages commission of an offense shall
without a license or permit (Sec. 103) carry with it confiscation and
forfeiture, in favor of the
Government, of proceeds and
instruments or tools; UNLESS they
be the property of a third person not
liable for the offense, but those
articles which are not subject of
lawful commerce shall be destroyed.
Unlawfully obstructing or delaying
the inspection or movement of fish
and fishery/aquatic products when
such is authorized (Sec. 103)
Employing unlicensed fisherfolk or For the owner or operator of
fishworker in a commercial fishing a commercial fishing vessel:
vessel (Sec. 104)
Fine - P500.00 for each and every month
that the same is employed and or P1,000
for every month for each unlicensed crew
member who has been employed
Obstruction of any defined migration 1) Imprisonment of 7 yrs - 12 yrs. and/or Distances shall be determined by
paths of anadromous, catadromous 2) Fine- P50,000 -P100,000 the concerned FARMCs
and other migratory species (Sec. 105) 3) Cancellation of permit or license
4) Dismantling of obstruction at the
expense of the offender
5) Confiscation of obstruction
Evading, obstructing, or hindering the boat owner, master or operator or
any fishery law enforcement officer any person acting on his behalf:
from performing his duty (Sec. 106)
1) Fine - P10,000
2) Cancellation of registration permit
and or license including the license
of the master fisherman
Paralegal Training Manual for Protected Areas MODULE 6: Bioprospectng 43

MODULE 6
BIOPROSPECTING
DURATION: 1 hour

MODULE OBJECTIVES:

At the end of the session, the participants are expected to:

1. Be able to discuss the more important and relevant

features of Executive Order 247in the context of
protected area management;
2. Be acquainted with the penal provisions of the said
Executive Order.

SUGGESTED TEACHING METHODS:

1. Lecture, with acetates and other visual aids

2. Open Forum

LOGISTICS:
1. Board and chalk
2. Acetates
3. Overhead Projector

T he Philippines is rich in biodiversity. We have a diverse array of plant

and animal life, most of which has yet to be discovered. We depend
on these resources not only for food, clothing and shelter, but also for
I. Introduction

medicine which can be found in many different plants in the country.

This makes our country a prime candidate for activities known as
bioprospecting.
Bioprospecting is very similar to treasure hunting, only in this instance,
the objects of the search are genetic and biological material found in
plants, animals and even humans. Those engaged in prospecting are
usually scientists or researchers connected with big biotechnological,
food or pharmaceutical industries or academic institutions.
In recent years, there has been an upsurge of bioprospecting
activities because of great strides in scientific research regarding
genes, DNA, cloning and biotechnology. Thus, it is very important
for protected area managers to have an understanding of the law
governing this activity. More so since bioprospecting activities are likely
to be conducted in protected areas. In fact, bioprospecting is allowed
in all categories of protected areas, in conformity with the NIPAS Act,
including the requirement of review and approval by the PAMB of the
Research Agreements.
This module is intended to help park rangers protect the biodiversity
on their area from illegal bioprospecting which is detrimental to the
local community, in particular, and the Filipino people, in general.
44 Essentials of Protected Area Management in the Philippines

II. Definition of
Bioprospecting B ioprospecting refers to the research, collection and utilization of
biological and genetic resources, for purposes of applying the
knowledge derived therefrom for scientific and/or commercial purposes.

III. The Legal

Framework for
Bioprospecting
T he law governing bioprospecting activities in the Philippines is
Executive Order No. 247, issued on May 18, 1995 by then Presi-
dent Fidel Ramos. Its Implementing Rules and Regulations are found in
DAO 96-20. Both documents are collectively known as the Philippine
Access Rules.
According to EO 247, it is the policy of the State to regulate the
prospecting of biological and genetic resources to protect and conserve
them in order to develop and put these resources to sustainable use
and benefit national interest.
EO 247 extends to bioprospecting of hereditary and genetic materi-
als in all public land, including plants growing in private land, which will
be used by domestic or foreign individuals or organizations, whether
public or private. EO 247 also covers bioprospecting for the improve-
ment of drugs, agriculture and other commercial uses, except when
used by local communities or indigenous peoples.

IV. The Process of

Bioprospecting P rospecting of biological and genetic resources shall be allowed
when the person, entity or corporation, whether foreign or domestic,
on recommendation of the Inter-Agency Committee on Biological and
Genetic Resources, has entered into a Research Agreement with the
Philippine government. Traditional use of biological resources by indig-
enous peoples and local communities do not require a Research
Agreement
There are two kinds of research agreements: the Commercial Research
Agreement (CRA) and the Academic Research Agreement (ARA).
The law requires a Commercial Research Agreement if the research
and collection of biological and genetic resources is intended, directly
Paralegal Training Manual for Protected Areas MODULE 6: Bioprospectng 45

or indirectly, for commercial purposes. All Research Agreements with

private persons and corporations, including all agreements with foreign
or international entities, shall conform with the minimum requirements
of a Commercial Research Agreement.
The law requires an Academic Research Agreement if the prospect-
ing of biological and genetic resources is intended primarily for aca-
demic purposes. Only duly recognized Philippine universities and
academic institutions, domestic governmental entities and intergovern-
mental entities may obtain an ARA.
Where the commercial collector is merely an agent or merely collect-
ing for another person or entity, the agreement between the commer-
cial collector and the principal must be subject to review by the Inter-
Agency Committee to determine if the said agreement does not under-
mine the substantive requirements of EO 247.
A Research Agreement is approved by the agency that has responsi-
bility over the resources being sought by the prospectors. For example,
the Department of Health shall approve the proposal that has to do
with pharmaceutical research.
Section 6 of DAO 96-20 lays down a step-by-step procedure for
obtaining a Research Agreement. The Prior Informed Consent is an
important requirement.

P rospecting of biological and genetic resources shall only be allowed

with the Prior Informed Consent (PIC) of the concerned indigenous
peoples (IP), local communities, PAMB and private land owners.
V. The Requirement of
Prior Informed Consent
(PIC)
A PIC Certificate is required in the processing of and prior to the
approval of the CRA.
In the case of an ARA, a PIC Certificate is required prior to actual
bioprospecting.
The following is the procedure for obtaining PIC for a CRA:
1. The principal shall inform the IPs, local communities, PAMB or
private land owners through various media of its intent to conduct
bioprospecting activities in the area, that an application to conduct
research has been filed with the IACBGR and that copies of the summary
of said research proposal have been provided the recognized IP head,
the mayor of the LGU, the PAMB or the private land owners concerned.
2. The principal/collector shall call a community assembly, notice of
which shall be posted in a conspicuous area in the place where
bioprospecting shall be conducted a week before said assembly. The
principal/collector shall likewise provide the IP head, LGU mayor, the
PAMB or the private land owner a brief summary of the outline of the
research proposal in a language understandable to them. Where IPs
are concerned, the proposal shall be coursed through them or taken
up in accordance with their customary laws/traditions/practices.
3. The recognized IP head, LGU mayor, PAMB or private land
owners concerned shall issue the PIC certificate upon compliance with
the requirement of the notice and community assembly, provided no
PIC shall be issued until after 60 days have lapsed since the submission
of the proposal pursuant to Sec. 4 of EO 247.
4. A representative of the IACBGR or an NGO may participate in
the conduct of abovementioned activities and sign as a witness to the
PIC Certificate.
46 Essentials of Protected Area Management in the Philippines

The same procedure is to be followed in the issuance of a PIC for an

Academic Research Agreement, except that in the Implementing Rules
and Regulations, the recognized IP head, the LGU mayor, PAMB or
private land owner shall issue the PIC certificate. The opposition/protest
against bioprospecting also has to be brought to the attention of the
researcher by the concerned members of the communities. An addi-
tional provision for ARAs is that undergraduate, masteral and doctorate
students carrying out research strictly for the purpose of complying with
academic requirements do not have to comply with the requirements
on sectoral consultation/community assembly, except where there is a
request for a consultation based on the research proposal.
The PIC shall be submitted by the principal/collector to the IACBGR,
through the technical secretariat, together with proofs of compliance
with the requirement of notice and community assembly.

VI. Minimum Terms The law provides the following terms and conditions of the CRA and ARA:
and Conditions a. There must be a limit on samples that the Commercial/Academic
of the collector may obtain and export and that the approved list and amount
Research Agreement of the samples taken must be followed strictly;
b. A complete set of all specimens collected shall be deposited at
a commercial/ academic collector, the National Museum or a duly
designated government entity.
c. Access to collected specimens and relevant data shall be allowed
to all Filipino citizens and the Philippine governmental entities whenever
these specimens are deposited in depositories abroad;
d. The Commercial/Academic Collector, or in appropriate cases,
its principal, must inform the Philippine Government, as well as the
affected local and indigenous cultural communities, all discoveries
from the activity conducted in the Philippines if a commercial product
is derived from such activity;
e. The agreement shall include a provision for the payment of
royalties to the National government, local or indigenous cultural
community, an individual person or designated beneficiary in case
commercial use is derived from the biological and genetic resources
taken. Where appropriate and applicable, other forms of compensation
may be negotiated.
f. There shall be a provision allowing the Philippine government
to unilaterally terminate the agreement whenever the Commercial/
Academic collector has violated any of its terms. The agreement may
be revoked on the basis of public interest and welfare.
g. A status report of the research and the ecological state of the
area and/or species concerned shall be submitted regularly to the
IACBGR as agreed upon.
h. If the commercial collector or its principal is a foreign person or
entity, it must be stipulated that scientists who are citizens of the Philip-
pines must be actively involved in the research and collection process
and, where applicable and appropriate as determined by the IACBGR,
in the technological development of a product derived from the
biological and/or genetic resources taken from any area in the
Philippines. This shall be at the cost of the commercial collector.
i. The commercial collector and/or its principal shall be encour-
aged to avail of the services of Philippine universities and academic
Paralegal Training Manual for Protected Areas MODULE 6: Bioprospectng 47

institutions. Where applicable and appropriate, the commercial

collector and /or its principal shall be required to transfer equipment
to a Philippine institution or entity.
j. A fixed fee shall be paid to the DENR in accordance with a
schedule fixed by the Inter-Agency Committee
k. The maximum term of a CRA shall be three years and renewable
upon review by the IACBGR.
l. In case of endemic species, there must be a statement that
the technology must be made available to a designated Philippine
institution and can be used commercially and locally without paying
royalties to a collector or principal.
For an Academic Research Agreement, the following terms shall be
considered:
m. The ARA may be comprehensive in scope and cover as many
areas as may be projected. It may stipulate that all scientists and
researchers affiliated with the duly recognized university, academic
institution, governmental and non-governmental entity need not apply
for a different Research Agreement but may conduct research and
collection activities in accordance with the existing ARA. The university
or entity shall make sure that said scientists or researchers comply with
the terms of the ARA. In all cases, the university or institution must
make sure that the affected communities have given their PIC to the
activities to be undertaken.
n. There must be a provision requiring the Academic collector to
obtain a CRA if it becomes clear that the research is for commercial
purposes.
o. A fee shall be paid in accordance with the schedule of fees by
the IACBGR.
p. The ARA shall have a maximum term of five years renewable
upon review by the IACBGR.

W hen the PIC has been obtained and a Research Agreement has
been entered into by the proper parties, subsequent recantation
by the concerned IPs, LGU mayor, PAMB or private land owner of the
VII. Recission of the
Research Agreement
PIC Certificate shall not be a cause for recission of the research
agreement unless it is based on the following causes:
1. that the consent of the IPs was obtained through fraud, stealth,
false promises and/or intimidation;
2. that the continuance of the Research Agreement shall impair
the rights of the IPs to the traditional uses of biological resources;
3. that the continuance of the Research Agreement is against public
interest and welfare.
A party may rescind the Research Agreement should the other party
violate any of the terms and conditions therein stipulated.
The principal can apply for recission of the Agreement on the
following grounds: bankruptcy, force majeure or security problems.
In case of bankruptcy, all bonds shall be forfeited and all equipment,
materials and knowledge shall be transferred to the institutions previ-
ously identified in the Research Agreement. In case of force majeure
or security problems, alternative sites may be provided subject to the
submission of the PIC Certificate.
 48 Essentials of Protected Area Management in the Philippines

VIII. The Inter-Agency

Committee on Biological
and Genetic Resources
T he Inter-Agency Committee on Biological and Genetic Resources
(IACBGR) is the regulatory body that ensures that the provisions of
EO 247 are enforced and implemented. It is composed of high-
(IACBGR) ranking officials from various departments and agencies, and represen-
tatives from the scientific community, NGOs and POs. It is chaired by
an undersecretary of the DENR. All members of the IACBGR serve for
a term of three years which may be renewed for another three years.
A Technical Secretariat, headed by the PAWB, supports the work of
the Inter-Agency Committee.
The IACBGR, which meets at least once a year, has the following
functions:
1. Process applications for Research Agreements recommended
for approval by the Secretary of the DENR, the Department of
Health, the Department of Agriculture or Department of Science
and Technology depending on the nature and character of the
prospecting activity;
2. Ensure that the conditions of the Research Agreement are
strictly observed;
3. Determine the list and amount of biological and genetic
materials that may be taken from the area and ensure that
these are complied with;
4. Deputize and train appropriate agencies so as to ensure
that are not biological and genetic materials taken from the
Philippines and exported abroad except under a valid Research
Agreement and that the specimens collected have been
deposited in the Philippines.
5. Ensure that the rights of the indigenous and local communities
wherein the collection or researches are being conducted are
protected, and the verification of the consent requirements in
Secs. 3 and 4 of EO 247 are complied with. The IACBGR, after
consultations with the affected sectors, shall formulate and issue
guidelines implementing the provision on prior informed consent.
6. Study and recommend to the President and the Congress
appropriate laws on the utilization of biological and genetic
resources including new laws on intellectual property rights.
7. Involve local scientists in the decision-making process by
creating a Multi-Disciplinary Advisory Board and other entities
to facilitate local involvement in the research, collection and
utilization of biological and genetic resources.
8. Develop a conceptual framework, using the Research
Agreements entered into as well as other data as basis, for
significantly increasing knowledge of Philippine biodiversity.
The IACBGR shall establish mechanisms to ensure the
integration and dissemination of the information generated
from the research, collection and utilization activities.
9. Coordinate with the National Committee on Biosafety when
necessary or appropriate;
10. Issue rules and regulations, and perform such functions as
necessary, to effectively carry out the provisions of EO 247.
The Protected Areas and Wildlife Bureau (PAWB) of the DENR leads
in monitoring the implementation of the Research Agreement. The
DENR regional offices also participate in the monitoring.
Paralegal Training Manual for Protected Areas MODULE 6: Bioprospectng 49

U ndertaking activities in violation of EO 247 shall be subjected to

criminal penalties as may be proper under existing laws including
the National Integrated Protected Areas System Act of 1992 and the
IX. Prohibited Acts
and Penalties

Revised Forestry Code. This includes any act of bioprospecting without

the required Research Agreement and/or PIC certificate. Where the
violator is a juridical person such as a corporation, its Head, President
or General Manager shall be held liable.
Failure to comply with the provisions on Research Agreements
(Sections 3, 4 and 5 of EO 247) shall be valid cause for immediate
termination of the Agreement and the imposition of a perpetual ban
on undertaking prospecting of biological and genetic resources in
the Philippines.
50 Essentials of Protected Area Management in the Philippines

MODULE 7
ARRESTS, SEARCH
AND SEIZURE,
AND DETENTION
DURATION: 2 hours

MODULE OBJECTIVES:
At the end of the session, the participants are expected to:
1. Have sufficient knowledge relating to conducting
arrest, search, seizure and detention of violators of
environmental laws.
2. Be able to conduct arrest, search and seizure in a
manner that is regular.

SUGGESTED TEACHING METHODS:

1. Lecture, with visual aids/acetates
2. Discussion, with chalk talk
3. Role play

LOGISTICS:
1. Board and writing materials
2. Overhead projector
3. Acetates
4 Hand-outs

I. Introduction
F or many community-based law enforcers, the moment of truth starts
with arrest, search and seizure operations. This is when they will
have their first face-to-face encounter with the offenders. Incidentally,
this is also crucial to the criminal case they would bring against the
offenders. A mistake in this process might prove fatal to the prosecu-
tion of criminal cases. It is, therefore, very important that the arrest,
search, seizure and detention is done properly and within the param-
eters of the Constitution, the applicable laws and the Rules of Court.
This module prepares the paralegals to perform arrest, search and
seizure as well as detention, when it is proper, and in a manner that is
acceptable in law. Note that the flow of the discussion is focused more
on warrantless arrests and searches as most, if not all, of the arrests,
searches and seizures that will be done by them will be without the
benefit of an arrest or search warrant.
Paralegal Training Manual for Protected Areas MODULE 7: Arresting, Search and Seizure, and Detention 51

A. Arrest, defined. II. Arrest

Arrest occurs when a person is taken into custody to answer for
the commission of an offense.

B. Bases for making an arrest

There are two (2) bases for making an arrest:
1. By virtue of a warrant; and
2. By warrantless arrest.

C. Circumstances where warrantless arrest is allowed

According to the Rules of Court and to jurisprudence, there are
three (3) instances where a warrantless arrest may be done. These are:
1. When in the presence of the person arresting, and the offender
is actually committing or attempting to commit an offense.
2. When an offense has just been committed and the person
arresting has personal knowledge of facts showing that the
person to be arrested is the one who committed the offense.
3. The person to be arrested is a fugitive.

Other than the abovementioned circumstances, all arrests should

be made by virtue of a warrant.
In case a warrantless arrest was not effected during the commission
of the offense, the necessary reports, complaints, sworn statements and
evidence should be prepared and immediately filed with the proper
authorities so that the necessary case may be instituted.
A Complaint or Complaint-Affidavit will be filed with the Office of
the Prosecutor or Municipal Trial Court for preliminary investigation or
preliminary examination. When probable cause/prima facie evidence is
ascertained, the corresponding information will be filed in court and a
warrant of arrest will be issued.
[Please refer to the discussion on Criminal Procedure (Module 8)
in this manual.]

D. Persons who may effect warrantless arrest

Any officer tasked to enforce the law or any private person may
perform warrantless arrests. When a private person does the arrest,
such is called citizen’s arrest.

E. General procedures in proper warrantless arrest

When making warrantless arrests, follow these guidelines/procedures:
a. Contain the offender (stop the vehicle, corner or restrain
offender if necessary);
b. Quickly introduce yourself and your authority to inquire
(e.g. Park Ranger, citizen);
c. Ask for the necessary permits if the offense is regulated;
d. Inspect permit for propriety;
e. If boarding a vehicle (truck, vessel, etc.) or entering a structure,
inform occupants of intended boarding. If refused, reasonable
force may be used to board the vehicle or enter the structure;
f. When basis for arrest is ascertained, restrain or capture the
offender;
g. Summon assistance if necessary;
h. Provide more thorough introduction by showing ID, Mission
Order, etc. and basis for the arrest;
i. Commence search, seizure, investigation, documentation and
preservation of evidence;
52 Essentials of Protected Area Management in the Philippines

j. Read the Miranda Rights to the offender;

k. Deliver the offender to nearest police station;
l. At the police station, blotter the arrest and turn over the custody
of the offender to the police. Obtain a certification of proper turn
over of the person of the offender;
m. Use only reasonable force at all times. Do not use violence or
unnecessary force;
n. Arrange for immediate inquest proceedings with the prosecution
office; and
o. Execute the necessary sworn statements (affidavits) and detailed
reports.

III. Search and Seizure A. Definition of Search and Seizure

Search and seizure refers to any instance where an enforcement
officer looks for and takes into custody objects with regard to a crime.
The search and seizure may be incidental to an arrest or independent
thereof.
Any illegal search or seizure is prohibited by the Constitution. A valid
search warrant is necessary to conduct a legal search, unless otherwise
allowed by law.
Proofs obtained by illegal search and seizure will not be admissible
as evidence in any court.

B. Search and Seizure Warrants

1. Search Warrant
When there is need to search a structure (bodega, residence) to
confirm possible illegal acts, a Search Warrant may be applied for in
court by the proper authorities, and the corresponding search and
seizure may be conducted.
A search warrant is a written order issued in the name of the People
of the Philippines, signed by a judge, directing a peace officer to con-
duct the search for the object and bring it to the court (Sec. 1, Rule
126, Rules of Court).
The proper issuance of a search warrant is important to avoid
violating the right of each person to illegal interference of their dwelling
and private domain (People v. Damaso, 212 SCRA 547).
Paralegal Training Manual for Protected Areas MODULE 7: Arresting, Search and Seizure, and Detention 53

2. Requisites for the proper issuance of a Search Warrant

a. Presence of probable cause sufficient to warrant its issuance,
i.e., commission of a crime.
b. Testimony of witness/es before the issuing court for proper
verification of his/her personal knowledge that shall be basis for
the propriety of issuing the Search and Seizure Warrant.
c. Place to be searched and the object being sought are specifically
identified.
3. Objects covered by the Search Warrant
a. Objects related to an illegal act (chainsaw)
b. Products of the illegal act (illegally cut logs)
c. Objects used or intended for use in illegal acts (dynamites
prepared for illegal fishing)
4. Enforcement of the Search Warrant
a. Time. The search should be done during the day, except when it
is specifically indicated in the warrant that it may be enforced during
the night or any other time.
b. Effectivity. A search warrant has an effectivity of 10 days from
its date of issuance. If this is not enforced during the limited 10-day
period, another warrant must be obtained.
c. Manner of Enforcement. The following procedure must be
followed strictly to effect lawful search and seizure:
● Enforcers must necessarily introduce themselves and their
authority to conduct the search. The enforcers may use
reasonable means or force to enter the premises if improperly
denied entry.
● The responsible person in custody of the premises must be
present to witness the search. If none is present, two (2)
neighbors of sufficient age and mental capacity, or the barangay
chairman may act as the witnesses.
● The search warrant is not a blanket authority to search and seize
all objects. The search and seizure must only be limited to the
object and premises indicated in the warrant. However, with the
plain view rule, objects that are illegal per se such as illegal
drugs, may be seized although they are not included in the
search warrant.
● The search has to be done only in the premises or area indicated
in the warrant.

C. Warrantless Searches and Seizures

The following are instances where searches and seizures without
warrant are allowed by statutes and jurisprudence (warrantless search):
1. Search incidental to a lawful arrest
In conjunction with the arrest, the body of the offender can be
searched with or without his/her consent. If on board a vehicle, the
whole vehicle may be searched. If inside a structure, only the immediate
vicinity where the offender was apprehended can be searched. When
consent to be searched is provided, the objects or area may be
searched. Hence, the following rules have to be strictly observed:
● The search must be limited to the time and place of arrest.
● It must be limited to the body of the person arrested and to the
immediate vicinity where s/he may reach for a weapon to harm
the apprehending person or destroy evidence.
● Evidence or objects that are related to the crime and tools which
may be used to escape or cause harm can be seized.
54 Essentials of Protected Area Management in the Philippines

The following objects may be seized during the arrest:

● Tools and equipment used in committing the offense (e.g. fishing
gear, chainsaw, truck, vessel);
● Objects of the offense (e.g. timber, forest product, wildlife,
illegally caught fish);
● Anything which may be used as proof of the commission of the
offense;
● Firearms or weapons;
● Anything in possession that is illegal ( e.g. dangerous drugs) and
in plain view.

2. Search of a moving
vehicle
Moving vehicles are allowed to
be searched where there is reason-
able cause to believe that a crime
has been or is being committed,
or there are exigent circumstances
to warrant a search.

3. Seizure of evidence
in plain view
Objects that are illegal per se
and are in plain view (can be
seen or sensed without having to
conduct a search) can be seized when they are any of the following:
a. Evidence is related to the crime;
b. Evidence is identified by the senses (sight, smell, etc.);
c. Evidence is unintentionally placed in plain view; or
d. Enforcement officer is so situated as to have identified the
evidence in plain view.

4. Customs Inspection
Customs officers are authorized by customs laws to inspect things
coming into the country to seize and/or impose duties on dutiable
goods and to prevent smuggling.

5. Consented search or waiver

When the person searched allows the same to be done, the search
and seizure is lawful. It is important that consent is given by one who
has authority to do so, and said consent is clear and voluntarily or
freely given.

6. Inspection in connection with a permit or authority

(e.g. ECC, Operating Permit)
Some public officers are tasked and authorized by law to conduct
searches or inspections. Examples of these are inspections with regard
to compliance with conditionalities of an Environmental Compliance
Certificate (ECC).

7. Checkpoint/Border Searches
The Supreme Court has declared that setting up checkpoints and
conducting searches therein is lawful. They are allowed when justified
by circumstances, such as the prevailing peace and order condition.
The search, however, should only cover visual search. Frisk of passen-
gers inside vehicles is also prohibited unless incidental to an arrest.
Paralegal Training Manual for Protected Areas MODULE 7: Arresting, Search and Seizure, and Detention 55

D. Stop and Frisk

This is allowed when the proper authority conducting it has personal
knowledge of probable cause or suspicion of illegal act, such as
possession of illegal firearm or stolen goods.

E. What to do with seized objects

The following should be done with the objects seized as a result of a search:
a) Inventory (quantity, description) and document the specific details
(serial number, measurements) in the presence of the offender or his
representative. For timber, Scaling Sheets and valuation are to be
completed immediately. Be extra meticulous in the recording of vessels
and vehicles (motor number, accessories, condition at time of seizure).
b) Take photographs.
c) Execute a Seizure / Apprehension Receipt of all objects seized.
d) Mark or label the seized object. For logs, hatchet marks on both
ends are required.
e) Have the offender or his representative who witnessed the inventory
(scaling) attest to it. If refused, state such refusal to attest in the document.
f) Tender a copy of the Seizure / Apprehension Receipt to the offender
or his representative and obtain an acknowledgment of such tender.
If refused, state such refusal to acknowledge tender in the document.
g) Turn over the seized objects to the proper authorities under
the circumstances (DENR, police, prosecutor, barangay captain).
h) Obtain the necessary documentary proofs of such proper
turn-over from the receiving authorities.

A. Detention, defined IV. Detention

Detention is the act of confining or restraining a person after s/he
has been apprehended.

B. Period of Detention
The corresponding case must be filed against the person/s arrested
within the following periods:
’ 12 hours from the time of the arrest for crimes punishable
by imprisonment of 1 to 30 days.
’ 18 hours from the time of the arrest for crimes punishable
by imprisonment of 1 month and 1 day to 6 years
’ 36 hours from the time of the arrest for crimes punishable
by imprisonment of 6 years and 1 day to life / death.
If the violation is against P.D. 705, however, only six (6) hours of
detention is allowed. Reasonable time sufficient for ordinary travel from
the place of arrest to the nearest police station and/or the proper court
for filing of the Complaint or Information is allowed if the arrest is made
in the forest. This same rule generally applies to other violations in areas
where distance is far and travel is difficult.

C. Offenses with regard to detention

With the loss of liberty attending detention, it is understandable that
the law becomes more rigid in favor of the detained/accused. The Revised
Penal Code provides for the crimes of arbitrary and illegal detention.
Arbitrary detention is the confinement of a person apprehended
pursuant to a warrantless arrest, and the period allowed has lapsed
before the case is filed in court. According to Article 124 of the Revised
56 Essentials of Protected Area Management in the Philippines

Penal Code, this crime applies to any public officer or employee.

Meanwhile, under Article 269 of the Revised Penal Code, any
person who, in any case other than those authorized by law, or without
reasonable ground therefore, shall arrest or detain another for the
purpose of delivering him/her to the proper authorities shall be guilty of
illegal detention.

D. Rights of a Detainee
Despite his/her detention, a detainee enjoys the following rights:
1. Consult his lawyers
2. Be treated humanely
3. Sufficient sustenance (food)
4. Receive food and supplies from others
5. Sanitary conditions, ventilation and lights.
6. Decent clothing
7. Practice chosen religion
8. Receive correspondence and reading materials.

E. Bail
Bail is the security that the accused files for his temporary liberty. The
right to bail is a constitutional right but may be denied if the offense
committed has a penalty of reclusion perpetua (life imprisonment/
death) and the evidence of guilt is strong.
1. Kinds of Bail
There are four kinds of bail: 1) cash deposit, 2) property bond,
3) corporate surety, and 4) recognizance. Recognizance is when a
person is released to the custody of a responsible person or to himself.
This is allowed when the law so provides.
2. Amount of bail
The amount of bail is set by the prosecutor or municipal judge who
conducted the preliminary investigation based on the guidelines set by
the Department of Justice for some certain violations. But generally the
following shall be considered:
a. financial ability;
b. nature and circumstances of the offense;
c. penalty for the offense charged;
d. character and reputation of the accused;
e. age and health of the accused;
f. weight of evidence against the accused;
g. probability of the accused appearing in trial;
h. forfeiture of other bonds;
I. whether the accused is a fugitive from justice when arrested; and
j. pendency of other cases.
When justified and based on an evaluation of the above factors, an
accused may ask the court for a reduction in the amount of the bail
through a motion. Usually, when the bail is a cash bond, the reduction
may be substantial.
Paralegal Training Manual for Protected Areas MODULE 8: Criminal Procedure 57

MODULE 8
CRIMINAL PROCEDURE
DURATION: 1 hour

MODULE OBJECTIVES:
At the end of the session, the participants are expected to:
1. Have sufficient knowledge of the court procedure in
criminal cases; and
2. Be able to identify points of intervention in relation to
their environment protection work.

SUGGESTED TEACHING METHODS:

1. Lecture, with visual aids
2. Chalk talk
3. Open Forum

LOGISTICS:
1. Board and writing instruments
2. Overhead projector
3. Acetates
4. Handouts, with copy of flow chart

M ost, if not all, of the cases that will be encountered by park

rangers and community-based paralegals are criminal cases. At
different times, law enforcers find themselves at different sides of a
I. Introduction

criminal case. Most of the time, they will be the complainants, as when
they file cases resulting from apprehensions. In those cases, they are
part of the prosecution. There are unfortunate circumstances, however,
when law enforcers find themselves having to defend themselves in
cases of retaliation suits.
For good reason, their success in the criminal cases becomes an
inevitable measure of the success of the local law enforcers. However,
most of these successes are not easy to attain. In fact, among the
more problematic aspects of protected area management is effective
law enforcement and prosecution. The road to justice is indeed replete
with challenges of varied nature and causes. They range, and might
even go beyond, from adherence to the requirements and parameters
of laws and rules, to graft and corruption and political pressures.
Whichever side the paralegals might be in a given case, these chal-
lenges will be present and must, thus, be hurdled.
This module gives park rangers and other community-based parale-
gals basic information on how criminal cases flow. This should help
them identify opportunities for monitoring cases, and hopefully mini-
mize, if not altogether prevent, undue failure of environmental cases.
58 Essentials of Protected Area Management in the Philippines

II. Start of a A. A criminal case may be initiated in two ways:

criminal case 1. Police Investigation
STEP 1: When an offense is committed
and such is reported to the proper
authorities, police investigation follows.
STEP 2: Witnesses shall make their
statements before the investigating police
officers.
STEP 3: The investigating officer shall
gather the necessary evidence, make a
criminal investigation report, and file a
complaint with the appropriate office for preliminary investigation.

2. Complaint-Affidavit or Complaint
A complaint-affidavit, executed by the complainants or a complaint
filed with supporting affidavits and evidence is filed with the appropriate
office. A police investigation is not necessary to initiate the criminal case.
For offenses related to protected areas, the complaint or complaint-
affidavit may be filed with any one of the following offices:
a. Office of the Prosecutor who has jurisdiction where the crime
was committed;
b. Any designated national or regional state prosecutors (Sec. 17,
NIPAS Act); or
c. Municipal (Circuit) Trial Court [in non-chartered cities] which has
jurisdiction where the crime was committed.

B. Preliminary Investigation / Preliminary Examination

After a complaint or complaint-affidavit is filed, a preliminary investi-
gation (if filed with the prosecutor) or preliminary examination (if filed
with the municipal judge) is conducted.
Preliminary investigation is an inquiry to
determine the presence of probable cause
(also known as prima facie evidence). Its
purpose is to find out if there is sufficient
ground to proceed to trial because there is
reason to believe that the accused is prob-
ably guilty of the crime of which he is
charged. This is to avoid baseless com-
plaints and unnecessary litigation. At the
preliminary investigation/examination stage,
the case is designated by the name of the
complainant versus the offenders who, at this stage, are still referred to
as the respondents. It is likewise assigned an information sheet serial
number (I.S. No.). Once the case is filed in court, the title is changed to
People of the Philippines versus the names of the accused and is
assigned a criminal case serial number (Criminal Case No.).
When the case is under the jurisdiction of the Regional Trial Court,
the preliminary investigation may be conducted by the assigned public
prosecutor (formerly referred to as fiscal), judges of the Municipal Trial
Court or Municipal Circuit Trial Court, national or regional state
prosecutors, and such other officers as may be authorized by law.
When the case is under the jurisdiction of the Municipal Trial Court, the
preliminary investigation may be conducted by the corresponding judge
of the Municipal Trial Court or public prosecutor. In Metro Manila and
other chartered cities, the preliminary investigation shall be conducted
by the public prosecutor.
Paralegal Training Manual for Protected Areas MODULE 8: Criminal Procedure 59

Upon receipt of the complaint or complaint-affidavit, the investigat-

ing prosecutor or municipal judge, as the case may be, may do either
of two things:
a) He can dismiss the case outright if there is no basis (i.e. when
there is insufficient evidence or when the elements of the crime
are not present); or
b) he can continue with the inquiry and issue a subpoena to the
respondent, attaching thereto a copy of the complaint together
with the affidavits and supporting documents, and requiring the
respondent to submit a counter-affidavit and supporting docu-
ments within 10 days from his receipt of the subpoena to refute
the allegations.
Should there be a determination of prima facie evidence, the investi-
gating prosecutor will file the necessary information with the proper
court. If the determination is made by an investigating judge, he will
indorse it to the prosecutor for filing of information. The prosecutor
determines whether or not to file the case or proceed to trial.

C. Appeal of decision in preliminary investigation

The resolution in the preliminary investigation may be appealed.
Appeals from the resolution of provincial or city prosecutors when the
penalty of the offense charged does not exceed six (6) years shall be to
the Regional State Prosecutor.
Resolutions finding probable cause/prima facie case shall be
allowed only if there is manifest error or grave abuse of discretion. The
appeal must be made within 15 days from receipt of the resolution.

D. Complaint and Information

A complaint is a sworn written statement charging a person with an
offense and is executed by either the offended party or any peace
officer or public officer designated with the enforcement of the law
violated. An information is an accusation in writing charging a person
with an offense and is executed only by the prosecutor.
A complaint or information shall charge only one offense. If the
accused committed a series of different offenses, then as many com-
plaints or information shall be filed as there are violations.

A. Jurisdiction and Venue of criminal cases III. The Court Process

Jurisdiction is determined by the penalties prescribed by law on the
offense. Offenses punished by imprisonment of up to six (6) years
regardless of the amount of fine are within the jurisdiction of the Mu-
nicipal (Circuit) Trial Court. Offenses with higher penalties are within
the jurisdiction of the Regional Trial Courts.
The rule on territoriality determines where, geographically, the case
should be filed. This is referred to as venue of the case. The case shall
be filed in any of the places where any of the elements of the crime was
committed. If the place of commission is an essential element of the
offense, it should be filed in that place.
If the Regional Trial Court or Municipal (Circuit) Trial Court has
more than one branch in that particular locality, the case is raffled
unless the Supreme Court has designated particular branches as
special courts to hear specific cases. Such designations had already
been made for violations of P.D. 705 (Forestry Law) by the Supreme
Court in its Administrative Order No. 150-93.
60 Essentials of Protected Area Management in the Philippines

B. Arrest of the accused

If the accused is not in custody, a warrant of arrest will be issued
for his/her arrest. Once arrested, the accused may avail of the right
to post bail.

C. Bail
Bail is the security that the accused files for temporary liberty. The
right to bail is a constitutional right but may be denied if the offense
committed has a penalty of reclusion perpetua (life imprisonment) and
the evidence of guilt is strong.
[Please refer to the discussion on bail in Arrest, Search, Seizure
and Detention (Module 7) of this manual.]

D. Arraignment
The first confrontation of the parties before the court is at the
arraignment. The accused is arraigned by furnishing him a copy of the
Information or Complaint with a list of the witnesses and then reading it
in a language he understands and thereafter asking how he pleads to
the accusation, that is, whether guilty or not guilty. If the accused
cannot be arraigned due to his absence, the hearing cannot proceed
and another warrant of arrest has to be issued. In the meantime, the
case is archived until the accused is caught and arraigned.
When there are several accused, the arraignment will proceed with
those present and the case will continue only for those who have been
arraigned. After arraignment, if the accused does not appear in court
when so required, the case will continue until conclusion despite the
absence and a warrant of arrest will likewise be issued.

E. Plea bargain
At the arraignment the accused may plead guilty to a lesser offense.
However, it must be with the consent of the offended party or complain-
ant and the prosecutor.
If the accused enters a plea of guilty, the court may, at its discretion,
receive evidence to determine the penalty to be imposed. In practice
however, the penalty to be imposed is part of the plea bargaining
negotiations.

F. Motion to Quash
A motion to quash is the criminal case version of the motion to
dismiss. One must be conscious of the grounds allowed in Motion to
Quash in the preparation of complaints and information.
The accused may move to quash the complaint or information on
the following grounds:
a. The facts charged in the complaint or information does not
constitute an offense. Assuming the facts alleged are true, it
does not amount to an act which is punishable by any law.
b. The court trying the case has no jurisdiction over the offense
charged or the person of the accused. Jurisdiction over the
offense refers to both territorial jurisdiction and jurisdiction to
hear the case as when a case that should be filed before the
Regional Trial Court is filed with the Municipal Trial Court and
vice versa. Jurisdiction over the person is satisfied once the
accused is arrested.
c. The officer who filed the information had no authority to do so,
that is when the case is filed despite contrary proper order of
superior prosecutors.
Paralegal Training Manual for Protected Areas MODULE 8: Criminal Procedure 61

d. The complaint or information does not comply substantially to

the prescribed form.
e. More than one offense is charged in the information or complaint
except when existing laws prescribe a single punishment for vari-
ous offenses.
f. The criminal liability has been extinguished (i.e. pardon, prescrip-
tion, amnesty).
g. The information or complaint contains statements which, if true,
would constitute legal excuse or justification for the commission
of the complained act.
h. Double jeopardy or in danger of jeopardy. When the accused
has been previously convicted, acquitted, or the case terminated
based on a valid information or complaint for the very same act
and instance which he is presently charged, or the pendency of
the same in another court.
If the Motion to Quash is based on defects in the information or
complaint, the court may order its amendment to cure the defects. If
the court grants the Motion to Quash due to the defects, the court may
order the filing of another information or complaint.
When a Motion to Quash is granted, the case is dismissed. It may
however be filed anew provided the dismissal was not due to extinction
of the criminal action or double jeopardy.

G. Pre-Trial Conference
Unless waived by the accused, the next step after the arraignment is
the Pre-Trial Conference. The pre-trial is intended to expedite the trial
process by (a) encouraging parties to agree on certain facts, to do
away with proving them, (b) marking and identifying the evidence to be
presented, (c) waiver of objections to the admissibility of the evidence
and (d) other matters that may be agreed upon to expedite the trial
process and enhance fairness. At the pre-trial, plea bargaining may still
be explored.
If a pre-trial is conducted, the court shall issue a Pre-Trial Order
stating the matters agreed upon and pieces of evidence that have been
marked. This order shall thereafter control the proceedings of the trial
unless modified to prevent obvious injustice. All agreements, to be
binding to parties, must be signed by both the accused and his lawyer.

H. Trial
The trial follows this sequence:
1. The prosecution presents its witnesses. Before the witnesses take
the stand, the prosecutor must state the “purpose” of the wit-
nesses’ testimony. The witnesses are each asked direct examina-
tion questions and made to identify the other evidence within
their knowledge (i.e. documents, photographs, reports, objects,
etc.). Each witness is then cross-examined by the lawyer/s of the
accused.
During the presentation of witnesses, the other party may ask that
other witnesses of the presenting party, who are still to testify, leave the
court so that they cannot hear the testimony of other witnesses and to
avoid collusion.
2. After presenting all its witnesses, the prosecution shall make an
“offer” of evidence which can either be oral or in writing at the
discretion of the court. The offer of evidence is an enumeration
of the evidence presented, testimonies, documents and objects
with a corresponding explanation of the purpose for its presenta-
62 Essentials of Protected Area Management in the Philippines

tion. Evidence not “offered” will not be considered by the court.

At this juncture, the opposing side may object to the admissibility
of the evidence (i.e. should not be admitted into evidence for
being violative of the rules on evidence). The court will then make
a ruling as to the admissibility of the evidence offered and the
prosecution shall rest its case.
3. The proceedings then turn to the accused who are each given
their opportunity to present their witnesses and evidence in the
same manner, subject to cross-examination, to make their offer
of evidence, and to rest their case.
4. After both parties have rested, each may respectively present
rebuttal evidence (testimonies, documents, etc.). Rebuttal evi-
dence is limited to contradict witnesses of the defense, not
evidence to prove guilt of the accused. It is only when allowed by
the court that additional evidence may be presented dwelling
upon the main issue.
5. The case is now submitted for judgment unless the court requires
the parties to make oral arguments or to submit written memo-
randa to summarize their respective cases.

I. Judgment
Judgment is the decision of the court with a conclusion to convict or
acquit the accused. Once the court has completed its judgment, the
case shall be set for promulgation of judgment. At the promulgation,
the judgment is read to the accused. If the accused fails to appear for
the promulgation and the judgment is one of conviction, the court will
order the arrest of the accused.

IV. Appeal
In case of conviction, the accused may file an appeal to a higher court
to review the decision of the court that ordered the conviction.
Matters that may be prayed for in the appeal are the following:
a. Modification or reversal (acquittal) of a conviction
b. Reduction of the penalty (e.g. length of imprisonment, fine)
c. Modification or reduction of the civil liability (e.g. amount of
damages, cost of restoration)
The accused has 15 days from notice of the decision to avail of
appeal or move for reconsideration or new trial. If the judgment is one
of acquittal, the prosecution does not have the opportunity to appeal.
Paralegal Training Manual for Protected Areas MODULE 9: Investigation, Documentation and Evidence Gathering 63

MODULE 9
INVESTIGATION,
DOCUMENTATION AND
EVIDENCE GATHERING
DURATION: 2 hours

MODULE OBJECTIVES:
At the end of the session, the participants are expected to:
1. Appreciate the crucial role of investigation,
documentation and evidence gathering in legal and
metalegal actions.
2. Demonstrate some skills in investigation,
documentation, and appreciation of evidence.
3. Discuss some of the basic concepts and rules on
evidence.
4. Learn how to prepare simple affidavits that can be used
in administrative and judicial cases.

SUGGESTED METHODS:
1. Lecture
2. Question and Answer / Open Forum
3. Workshop, reporting and critiquing for
Affidavit-making
LOGISTICS:
1. Board and writing materials
2. Overhead Projector
3. Acetates

M ost lawyers will attest that cases are won not by truth but by
evidence. Although we shall learn in this module that evidence is
a means of getting to the truth, we shall also learn that not all “evi-
I. Introduction

dence” can be presented and admitted in courts. Thus, this module

gives the trainees some basics and insights on how pieces of evidence
come to be, their importance, and their uses in various actions of the
community, especially of paralegals.
As the paralegal training does not limit itself to legal actions and
strategies, so should the discussion of this module be limited thereto.
The war being waged by community-based paralegals is fought in
different arenas, and the battles staged outside courtrooms might spell
the difference. Thus, we see exposés in media bearing pieces of very
telling evidence. Some of these evidence might not even be admissible
in courts but they are nevertheless useful in avenues outside the judicial
system. Besides, pieces of evidence that are inadmissible in courts might
be admissible in administrative offices. Moreover, some pieces of
64 Essentials of Protected Area Management in the Philippines

evidence are gathered only for the internal or organizational use of the
gatherers. Thus, investigation, documentation, and evidence gathering
are done for various reasons, depending on the need of the commu-
nity. At least four purposes can be easily identified, to wit:
1. For use in judicial and administrative cases;
2. For the information and development of the organization or
community;
3. For information dissemination to gain wider public support; and
4. As input to policy development or change.

The following paragraphs shall show the whole process of gathering

information to using the same for purposes that the community might
decide. However, much weight shall be given to the Rules on Evidence as
that will be the most crucial aspect of using the products of this process.

II. Investigation A. Investigation defined

Investigation is the process of gathering data and information relative
to an issue, usually with regard to a violation of an environmental law.

B. Who may conduct investigation

The law primarily tasks law enforcement agents to conduct investi-
gations, especially criminal investigations. Thus, the police, the investi-
gators of the National Bureau of Investigation (NBI), the military, the
investigators of the Criminal Investigation Service (CIS), are trained to
perform the job.
Considering the many reasons for conducting an investigation, and
the help it can do for the law enforcement agents, community members
and paralegals can also do their own investigation.

C. What must be known

A successful investigation sheds light on every question that needs to
be answered. The questions that can be raised will depend on the specific
cases or issues. It is thus important that investigations are properly
planned. The questions to be asked or the things to be looked for should
also be thoroughly studied. As a guide, it is important to bear in mind
the 5 Ws and 1 H: WHAT, WHO, WHERE, WHEN, WHY and HOW.
Note that every one of the 5 Ws and 1 H conjures various questions.
For example: WHAT can refer to the questions “what happened”, “what
was used”, “what law or what provision of law was violated”, etc.
Note also that for purposes of using the information in courts, the
same is given by persons who have direct knowledge of the facts
that they speak of.

D. Things to consider in conducting investigation

For those who do investigation in the context of community or
collective action, there should be a well-organized group to conduct
the investigation. This group effort approach is similarly important
because, in most cases, community-based law enforcers do not have
formal training on investigation. By doing it as a group, there is greater
chance that the investigation shall be thorough, and properly done.
The following should also be borne in mind by the members of the
investigating team:
Paralegal Training Manual for Protected Areas MODULE 9: Investigation, Documentation and Evidence Gathering 65

1. The case or issue to be investigated is known to everyone;

2. The reason for or purpose of the investigation is clear;
3. The aspects of the case to be emphasized in the investigation is
similarly determined;
4. As much as possible, there should be baseline data or informa-
tion on the case to be investigated on, and the place where the
investigation shall take place;
5. Arrangements are clear with the contact person/s in the place
where the investigation shall take place, if there are any;
6. The role and the tasks of every member of the team are clear to
everyone; and
7. Safety measures are in place.

E. What the investigating team should bear in mind

Tradio1 states that a good investigator should have the following
qualities, the importance of which are clearly self-explanatory, and
should inspire a lively discussion among the training participants:
1. Perseverance;
2. Intelligence;
3. Honesty;
4. Understanding of the people and the environment; and
5. Keen power of observation and accurate description.

F. What to do with information

Investigation will remain incomplete without documentation. It is
important that documentation be done in the process of investigation,
and that a comprehensive report of the investigation be prepared. The
documentation of the process will show how the investigation was
conducted, and will prove the regularity of the conduct thereof. The
documentation that takes place in the course of the investigation shall
produce proofs or evidence that can be used for whatever legitimate
purpose there might be. The investigation report will lay down the
conclusions made from all the information gathered, including the
findings that led to such conclusions.
The report can then be used for the purposes earlier determined by
the community or organization. For instance, it can be given to media
for information dissemination. It can also be used to file or support
judicial or administrative cases. Similarly, the report can be used to help
the community make a plan of action. For example, findings on how,
where and when illegally cut logs are brought down from the forest can
help law enforcers plan their law enforcement activities and strategies.
66 Essentials of Protected Area Management in the Philippines

III. Documentation A. Documentation defined

Documentation is the process of recording events, occurrences,
statements, proofs, processes and results of investigation or activity.
In other words, it is the way of capturing or crystalizing information
into something that can be used for legal or metalegal actions.

B. Examples of documentation
Examples of documentation activities are:
1. Taking pictures or video recording
2. Audio tape recording
3. Affidavit making
4. Writing
5. Gathering and consolidating documents/papers
6. Report making

C. Things to observe in documentation

As discussed above, documentation should be done simultaneously
with or immediately after data gathering to avoid inaccuracies. Tradio2
lists down the reasons for such inaccuracies, thus:
a. Addition of details;
b. Substitution of items on observation;
c. Transposition in time, sequence and arrangement of details;
d. Giving attention only to some details, not to as many as are
available;
e. Gaps in expressing observations, and communication;
f. Incompleteness or simplification; and
g. Too much self-confidence in recalling data.
Thus, efforts should be made to avoid the above-mentioned pitfalls.
Remember also that the outcome of the documentation shall be used
for certain purposes. For documents that shall be used for administrative
or judicial cases, one must be aware of the forms and conditions that
are acceptable therein. For instance, criminal cases (for violations of
the penal provisions of environmental laws) are initiated through the
submission of a complaint or a complaint-affidavit to the prosecutor.
It is, therefore, necessary that the members of the investigating/docu-
mentation team know how to prepare complaints and affidavits.
Another important function of documentation is that it helps capture
the condition of some pieces of evidence at the first instance. This is
especially true in environmental cases where some objects involved are
prone to deterioration. For example, a certification by a fish examiner is
crucial in proving that a fish has been caught through the use of
explosives. Such documentation/certification shall be sufficient to prove
the use of explosives in fishing even when the fish had already rotten.
Another example would be a certification showing the number, mea-
surement and condition of illegally cut logs. The logs, of course, are
subject to be stolen and to deterioration.

IV. Evidence A. Evidence defined

Evidence is the means of ascertaining the truth concerning a matter
of fact. When used in court, a thing can be considered evidence when
allowed by the Constitution, the Rules of Court, and the laws.
As stated above, the community or organization shall determine
how evidence shall be used. At times, pieces of evidence are gathered
Paralegal Training Manual for Protected Areas MODULE 9: Investigation, Documentation and Evidence Gathering 67

merely for information purposes, and thus, need not comply with the
requisites of the Rules on Evidence. Essentially, therefore, the judgment
of the paralegals shall be the basis of the acceptability of the evidence.
Thus, the following discussion shall focus only on the Rules on Evidence.

B. Admissibility of evidence
There are two matters that are of primary concern with regard to
evidence: admissibility and weight. Weight refers to the value that the
court puts on a piece of evidence. The Rules on Evidence do not tackle
weight because appreciation of evidence depends on the judgment or
discretion of the judge. The rules only concern itself on the admissibility
of evidence.
There are two requisites for admissibility of evidence: competence
and relevance. Evidence is competent when it is not excluded by the
Constitution, the Rules of Court, or other laws. It is relevant when it
has a relation to the fact in issue as to induce belief in its existence or
non-existence.

C. Competence; Examples of incompetent evidence

Many cases, especially criminal cases, fail due to the incompetence
of evidence presented to the court. Community-based law enforcers
must be extra careful to ensure that the pieces of evidence to be pre-
sented in court have been taken without violating the Constitution, the
Rules of Court, or other laws. Examples of pieces of evidence that are
clearly incompetent are:
1. Pieces of evidence taken by illegal search and seizure;
2. Extrajudicial confessions taken from the accused without the
benefit of counsel, or through the use of torture;
3. Failure to inform the accused of his/her Miranda Rights prior to
custodial investigation;
4. Testimony made by a person who does not have personal
knowledge of the facts s/he is testifying on.

D. Kinds of evidence
There are three kinds of evidence:
1. Object (also known as Real) Evidence – refers to the things
that can be perceived by the senses of the judge or hearing officer and
can be examined or viewed (logs,chainsaw, net).
2. Documentary Evidence – Documents or materials which
contain writings, figures, symbols or other forms of written expression
(scaling sheet, fish examination report).
3. Testimonial Evidence – Narrations, under oath, by a witness
before the court or hearing officer, of what s/he personally perceived
based on his/her recollection.

E. How is object evidence presented in court?

The relevance of the object evidence is manifested in conjunction
with either testimonial or documentary evidence. The object evidence is
identified in the proceedings and examined by the court and the parties.
An ocular inspection may also be done when it is impractical to bring
the object to the proceedings. Object evidence may also be presented
through properly authenticated photographs. However, photographs
can only be authenticated by the person who took the same. S/He
should testify in court to prove that there were no alterations nor
misrepresentation.
68 Essentials of Protected Area Management in the Philippines

F. Some rules on documentary evidence

What is relevant to environmental cases under this heading is the
Best Evidence Rule. It states that a documentary evidence which is
being presented to prove its contents must be the original. There are,
however, some exceptions to this rule, to wit:
1. Original is lost, destroyed, or cannot be produced. There should
be no bad faith on the part of the party presenting;
2. Original is in the custody or control of the party against whom
the document is being presented and fails to produce it after
reasonable notice;
3. Original is a record in the custody of a public officer or is re-
corded in a public office;
4. Original has been recorded in an existing record, a certified
copy of which is made evidence by law; and
5. Original consists of numerous accounts and other documents
which cannot be examined in the proceedings without great loss
of time and the fact sought to be established from them is only
the general result of the whole.
In lieu of the original, the following may be presented as Secondary
Evidence, provided that these are covered by the above exceptions
and proof is shown concerning the due execution or existence:
a) A copy of the document;
b) Another authentic document which recites the contents of the
unavailable document; and
c) By testimony of witnesses.
The following, meanwhile, are considered original documents:
1. The document which contents are those that are sought to be
proved in court;
2. Any one of the copies of a document that was made at the same
time or almost at the same time, like carbon copies; and
3. Any one of several records of transactions that was copied from
another at or near the time of the transaction, and done in the
regular course of business.

G. Some rules on testimonial evidence

Those who give testimony in court are called witnesses. Any person
who is capable of perceiving, and who can make known his/her
perception to others can be a witness in court. Generally, therefore, any
person can be a witness in court. The following, however, are disquali-
fied or cannot be witnesses:
1. Those who are of unsound mind at the time they are presented
for examination, and children who are of such tender age and
inferior capacity to receive correct impression of the facts;
2. Spouses for or against each other, without each other’s consent,
unless they are the opposing parties in a case; neither can
descendants be compelled to testify against their ascendants in
criminal cases;
3. Recipients of privileged communication such as: spouses, for
information received from each other during their marriage; an
attorney for his communication exchanged with his client; a
minister or priest for confessions made to him; and a public officer
for information given to him that will adversely affect public interest.
Paralegal Training Manual for Protected Areas MODULE 9: Investigation, Documentation and Evidence Gathering 69

A witness can only testify as to the things s/he has personal knowl-
edge of. This is known as the Hearsay Rule. Nevertheless, there are
instances when hearsay testimonies are accepted. Some of these are:
1. Dying declaration – declaration made by a dying person, who
knew s/he was dying, about the circumstances leading to his/
her impending death.
2. Declaration against interest – testimony made by the witness
against his/her own interest.
3. Part of the res gestae – testimony of a statement made by a
person while a startling occurrence is taking place or immedi-
ately prior or subsequent thereto with respect to the circum-
stances thereof.

A ffidavits are the most common documentary evidence in judicial

and administrative cases. They are also the easiest to prepare, and,
thus, can be done by community-based paralegals. It is desired that
V. Affidavit

affidavits be prepared immediately after an occurrence that might lead

to a legal contest.
An affidavit is a statement sworn to before a person authorized by
law or by the court, such as a notary public, or a municipal mayor.
Its purpose is to immediately document that which has been personally
perceived by the person making the statement, known as the affiant.
A person who makes a false affidavit shall be liable for perjury, which
is punishable by imprisonment.3
An affidavit, however, will not be able to stand by itself in court.
There is still a need to present the affiant before the court, primarily to
make him available for cross-examination.

Some tips in making an affidavit:

1. The affidavit should contain only those facts that are personally
known to the affiant;
2. It should be written in a language known to the affiant to make
sure the s/he understands it fully;
3. Facts should be narrated simply and accurately, and in the order
they took place;
4. It is best to number the paragraphs, with each paragraph
containing only one idea;
5. Documents referred to in the affidavit, if any, should be attached
to it as annexes; 1
Tradio, Cirilo M. Handbook of criminal
6. A good affidavit contains all the information known to the affiant Investigation and Detection, 3rd ed., Central
Professional Books, Inc. (2000), pp. 2-3.
and does not leave questions unanswered, unless these answers
are clearly unknown to the affiant; 2
Supra, at pp. 3-4.

7. An affidavit should comply with the prescribed format. 3

Art. 183, Revised Penal Code.
70 Essentials of Protected Area Management in the Philippines

REPUBLIC OF THE PHILIPPINES )

specify TOWN, ) S.S.
specify PROVINCE )

AFFIDAVIT

I, (full name of the affiant), of legal age, (civil status), Filipino, and with residence
at (complete address of the affiant), after first being duly sworn according to law, depose
and state that:

(account of the incident/s)

1. _________________________________________________________
___________________________________________________________

2. _________________________________________________________
___________________________________________________________

3. _________________________________________________________
___________________________________________________________

4. _________________________________________________________
___________________________________________________________

5. _________________________________________________________
__________________________________________________________.

IN WITNESS WHEREOF, AFFIANT hereunto set his hand at the (place where the
statement was made), Philippines, on this ___day of ______, 20__.

________________
Affiant

SUBSCRIBED AND SWORN to before me at (place), Philippines, this ___ day of

____________, 20__, the affiant exhibiting his/her Community Tax Certificate No.
_______ issued at (place), on (date).

________________
Notary Public

Doc No. _______

Page No._______
Book No._______
Series of 20 ____.
 Essentials of Protected Area Management
in the Philippines

Protected Areas and Wildlife Bureau (PAWB)

Technical Review Committee (TRC)

Theresa Mundita S. Lim Chairperson, PAWB-TRC

Assistant Director, PAWB

Priscilla N. Calimag Chief Ecosystems Management Specialist

Officer-In-Charge,
Planning Staff

Carlo C. Custodio Chief Ecosystems Management Specialist

Chief,
Wildlife Resources Division

Teresita Blastique Senior Ecosystems Management Specialist

Officer-In-Charge,
Biodiversity Assessment Section

Janet L. Garcia Senior Ecosystems Management Specialist

Officer-In-Charge,
Biodiversity Protection Section

Marlynn M. Mendoza Supervising Ecosystems Management Specialist

Officer-In-Charge,
Protected Area Community Management Division

Soledad C. Mendoza Senior Ecosystems Management Specialist

Officer-In-Charge,
Information and Extension Section