Professional Documents
Culture Documents
MEMORANDUM CIRCULAR
NO.2010-17
Pursuant to Section 7 (c) of Executive Order No. 192, in relation to Section 4 thereof and
Sections 4, 30 and 33 of Republic Act (R.A.) No. 9147, otherwise known as the Wildlife
Resources Conservation and Protection Act, the attached Wildlife Law Enforcement Manual
of Operations is hereby adopted for information and guidance of all concerned.
The Manual shall serve as guide for the Wildlife Enforcement Officers (WEO), DENR-
Wildlife Traffic Monitoring Units (WTMU), DeputyISpecial Deputy Environment and Natural
Resources Officers (DENROISDENRO) and other stakeholders in the enforcement of the
provisions of R.A. No. 9147 and other relevant wildlife laws, rules and regulations.
This book lists down and provides details on the laws and policies being implemented
by the DENR pertinent to wildlife protection, which include among others, R.A. No.
9147, R.A. No. 7586 (the National Integrated Protected Areas System Act), R.A. No.
9072 (National Caves and Cave Resources Management and Protection Act), and
their Implementing Rules and Regulations. This Book specifically provides the
groundwork for the existing laws and state policies from which they were based. It
also presents the various agencies involved in wildlife law enforcement and their
respective roles based on their mandates.
Let's Go Green
2) Book I1 - Protocols on Wildlife Law Enforcement
This major part of the Manual provides for the protocols on Investigation and
Surveillance; Arrest and Search; Detention of Suspects; Apprehension, Seizure and
Handling of Evidence; and Filing and Prosecution of Cases. It takes into
consideration the existing procedures of various agencies such as the investigation
process of the National Bureau of Investigation, the rules of engagement of the
Philippine National Police and the Rules of Procedure for Environmental Cases of the
Supreme Court, among others. It also presents a set of protocols to address
implementation gaps in wildlife law enforcement scenarios in airports and seaports as
well as the protocols to be observed relating to the Custody of Seized and Confiscated
Wild1ife Specimens, By-Products and Derivatives.
The Protected Areas and Wildlife Bureau (PAWB) and the DENR-Regional Offices shall
disseminate the Manual of Operations and undertake capacity building to ensure efficient and
effective application of the Manual by all concerned.
The PAWB, in collaboration with other concerned agencies and stakeholders, shall
review and update the Manual of Operations as often as necessary to integrate relevant
enforcement developments.
All DENR memoranda, circulars and other issuances which are inconsistent with the
provisions of this Circular are hereby amended and/or revoked accordingly.
-g Acting Secretary (@
i
Table of Contents
Book 1: State Policy, Laws Relevant to Wildlife and Mandates of Government Agencies
Chapter 1. Introduction 31
2.1. Investigation 31
2.2. Surveillance 35
2.3. Regulatory Monitoring 39
3.1. Arrest 41
3.2. Search 49
Annexes
Illegal wildlife trade remains one of the primary threats to wildlife resources, nationally and
globally. It has contributed to the decline in the populations of more than 200 species of wild
fauna and about 600 species of wild flora in the country. It does not only compromise the
perpetuation of the species being traded but the ecological roles that such resources play – as
seed dispersers, pollinators and biological control agents, among other functions. Illegal
wildlife trade also brings revenue losses for the government at an annual average of PhP9M.
Wild-caught animals in trade are also known vectors of diseases, thus, posing risk to human
health. Addressing illegal wildlife trade is therefore of primary importance.
Republic Act No. 9147, otherwise known as the Wildlife Resources Conservation and
Protection Act of 2001 (or Wildlife Act), is a big leap for Philippine wildlife enforcement. It
paved the way to deterring wildlife exploitation by imposing penalties for prohibited acts as
defined in Sections 27 and 28 of the said law.
The Wildlife Act, specifically under Sections 30 and 33 thereof, also provides for the
deputation of Wildlife Enforcement Officers (WEOs) and creation of Wildlife Traffic
Monitoring Units (WTMUs) to enforce the provisions of the law. An analysis of the status of
environmental law enforcement in the country, held during the First Environmental Law
Enforcement Summit in 2006, revealed several enforcement constraints. Foremost of these is
the absence of standards and protocol to aid the law enforcers in implementing environmental
laws, including the Wildlife Act.
This Wildlife Law Enforcement Manual of Operations aims to address said missing link
towards effective and efficient enforcement of the Wildlife Act by the WEOs. This Manual
was developed by the Department of Environment and Natural Resources-Protected Areas
and Wildlife Bureau, in partnership with the Development Academy of the Philippines and
the United States Department of Interior, and with valuable assistance of Tanggol Kalikasan
legal experts.
Resulting from a series of consultation workshops with law enforcers and authorities from
various government agencies, non-government organizations and other stakeholders, and
subsequent expert peer reviews, this Manual provides: a set of standards and protocols in the
monitoring of wildlife transport and trade; conduct of surveillance, raid of establishments
illegally possessing, selling and/or displaying wildlife for sale; confiscation of illegally
possessed/traded/displayed wildlife species; prosecution of cases against wildlife law
violators, and related legal concerns. The inputs from the workshop participants also helped
in setting the standard for monitoring, reporting and other documentary forms to facilitate the
prosecution of wildlife-related cases.
The Manual considered the relevant rules, procedures and inputs from various government
agencies which include the Department of Agriculture - Bureau of Fisheries and Aquatic
Resources; Department of Finance-Bureau of Customs; Department of Justice-National
Bureau of Investigation; Department of Interior and Local Government - Philippine National
Police and Local Government Units; Department of National Defense-Armed Forces of the
Philippines; Department of Transportation and Communication - Philippine Coast Guard,
Philippine Ports Authority and Manila International Airport Authority; and the DENR-
Regional Offices, Planning and Policy Office and PAWB. The recently approved “Rules of
Procedure for Environmental Cases” of the Department of Justice was also considered in the
Manual.
The Manual is divided into three books, namely, Book I (State Policy, Relevant Wildlife
Laws and Mandates of Government Agencies), Book II (Protocols on Wildlife Law
Enforcements), and Book III (Wildlife Law Enforcement Manual Forms).
Book I lists down, and provides details on the relevant wildlife policies already being
implemented by the DENR pertinent to wildlife protection. It specifically provides the
groundwork for the existing laws and the state policies from which they were based. State
Policy (Chapter 1), Laws Relevant to Wildlife (Chapter II) and Mandates, Roles and
Functions of Agencies involved in Wildlife Law Enforcement (Chapter III) are laid out in the
succeeding sections of this Book.
There are no hard and fast rules in wildlife law enforcement. Since the Manual seeks to fill in
certain implementation gaps, a set of protocols on wildlife law enforcement are discussed in
detail in Book II. A wealth of discussion on suggested protocols in Investigation and
Surveillance (Chapter I), Arrest and Search (Chapter II), Detention and Seizure (Chapter III),
Seizure and Handling (Chapter V), and Filing and Prosecution of Cases (Chapter VI) are
presented in detail with outlines and procedural diagrams. A separate chapter presented a set
of protocols to address implementation gaps in wildlife law enforcement scenarios in airports
and sea ports (Chapter VII). A separate chapter on the protocols to be observed in the
Custody of Seized and Confiscated Wildlife Specimens, By-products and Derivatives
(Chapter 8) is also enumerated in Book II.
Finally, Book III consists of Wildlife Law Enforcement forms including standard monitoring,
reporting and documentary forms to facilitate the prosecution of wildlife-related cases.
Annexed to the three books are reference materials that would enhance technical and legal
capacities of WEOs. These include the List of Threatened Species of Wild Fauna and Flora
(with pictures), Texts of relevant international conventions such as the Convention on
International Trade in Endangered Species of Wild Fauna and Flora (CITES), List of
Forms/Common Permits, Additional Rules of Engagement for Warrantless Arrest under Rule
113 of the Rules of Court, Rights of the Accused at the Trial, Checklist of Elements of
Offenses for Wildlife Law Enforcement Officers, Rules of Procedure for Environmental
Cases, Recommended Personal Protective Equipment for Personnel/WEO Handling Wildlife
Species/Specimens, and Directory of Regional Focal Points and WEOs.
WILDLIFE LAW ENFORCEMENT MANUAL OF OPERATIONS
BOOK 1
State Policy, Laws Relevant to Wildlife and
Mandates of Government Agencies
“All lands of the public domain, waters, minerals, coal, petroleum, and other mineral oils,
all forces of potential energy, fisheries, forests or timber, wildlife, flora and fauna, and other
natural resources are owned by the State. With the exception of agricultural lands, all other
natural resources shall not be alienated. xxx”
The Wildlife Resources Conservation and Protection Act (Republic Act No. 9147), approved
on July 30, 2001 supersedes a set of laws that previously governed wildlife conservation in the
country.
This law is in line with the state policy to conserve the country’s wildlife resources and their
habitats for sustainability. It provides for a regulatory mechanism for the protection,
conservation, use and exploitation of wildlife species in the country as well as the propagation of
endemic species.
2.1.2. Objectives
It aims to: (a) conserve and protect wildlife species and their habitats to promote ecological
balance and enhance biological diversity; (b) regulate the collection and trade of wildlife; (c)
pursue, with due regard to the national interest, the Philippine commitment to international
conventions, protection of wildlife and their habitats; and (d) initiate or support scientific studies
on the conservation of biological diversity.
The Wildlife Resources Conservation and Protection Act shall be enforceable for all wildlife
species found in all areas of the country, including protected areas under Republic Act No. 7586,
otherwise known as the National Integrated Protected Areas System (NIPAS) Act, and critical
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habitats. This Act shall also apply to exotic species, which are subject to trade, are cultured,
maintained and/or bred in captivity or propagated in the country.
2.1.4. Jurisdiction
It grants jurisdiction to the Department of Environment and Natural Resources (DENR) and
the Department of Agriculture. The Department of Environment and Natural Resources (DENR)
shall have jurisdiction over all terrestrial plant and animal species, all turtles and tortoises and
wetland species, including but not limited to crocodiles, water birds and all amphibians and
dugong. The Department of Agriculture (DA) shall have jurisdiction over all declared aquatic
critical habitats, all aquatic resources including but not limited to all fishes, aquatic plants,
invertebrates and all marine mammals, except dugong.
The Secretaries of the DENR and the DA are granted the power to review, and by joint
administrative order, revise and regularly update the list of species under their respective
jurisdiction. In the Province of Palawan, jurisdiction herein conferred is vested to the Palawan
Council for Sustainable Development pursuant to Republic Act No. 7611.
This law designates specific management and scientific authorities for international trade of
endangered species of wild fauna and flora. For the implementation of international agreement
on international trade in endangered species of wild fauna and flora, the management authorities
for terrestrial and aquatic resources shall be the Protected Areas and Wildlife Bureau (PAWB) of
the DENR and the Bureau of Fisheries and Aquatic Resources (BFAR) of the DA, respectively
and that in the Province of Palawan the implementation hereof is vested to the Palawan Council
for Sustainable Development pursuant to Republic Act No. 7611.
The designated scientific authorities for terrestrial species include the Ecosystems
Research and Development Bureau (ERDB) of the DENR, the U.P. Institute of Biological
Sciences, the National Museum and other agencies as may be designated by the Secretary. For
the marine and aquatic species, the scientific authorities shall be the BFAR, the U.P. Marine
Science Institute, U.P. Visayas, Siliman University, the National Museum and other agencies as
may be designated by the Secretary: Provided, That in the case of terrestrial species, the ERDB
shall chair the scientific authorities, and in the case of marine and aquatic species, the U.P.
Marine Science Institute shall chair the scientific authorities.
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2.1.6. Authorized Acts under Republic Act No. 9147
The following acts shall be authorized by the Secretary upon proper evaluation of the best
available information or scientific data showing that the activity is, or for a purpose not
detrimental to the survival of the species or subspecies involved and/or their habitat.
Activity Requirements/Restrictions
Collection of wildlife -should be in accordance with Section 6,
(Section 7, RA 9147) RA 9147
-should use appropriate and acceptable
wildlife collection techniques with least or
no detrimental effects to the existing
wildlife population and their habitats
- collection by indigenous people may be
allowed for traditional use and not
primarily for trade
- shall not cover threatened species
Possession of wildlife - person and entity to prove financial and
(Section 8, RA 9147) technical capability and facility to maintain
wildlife
- source was not obtained in violation of
the act
Collection and/or possession of by- - source was not obtained in violation of
products and derivatives the act
(Section 9, RA 9147)
Local transport of wildlife, by-products and - shall be authorized unless prejudicial to
derivatives the wildlife or public health
(Section 10, RA 9147)
Exportation and/or importation of wildlife - strict compliance with the act and
(Section 11, RA 9147) regulations
- recipient of wildlife is technically and
financially capable to maintain it
Introduction, reintroduction or restocking - shall be allowed only for population
of endemic or indigenous wildlife enhancement or recovery purposes
(Section 12, RA 9147) - shall be subject to scientific study
- public consultations with concerned
individuals or entities
Introduction of exotic wildlife - not allowed in protected areas and critical
(Section 13, RA 9147) habitats
- other areas – clearance from the
Secretary/authorized representative
- environmental impact study ; prior
informed consent of local stakeholders
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Bioprospecting Bioprospecting Undertaking
(Section 14, RA 9147) Prior informed consent from the local
community, Indigenous Peoples (IPs)
community, Protected Area Management
Board (PAMB), private land owner
Environmental Impact Assessment (EIA) –
when applicable and necessary
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imminent danger to the life and
limb of a human being 6 months and 1 day to 1 year and/or fine of
- when the wildlife is killed or 10,000 to 100,000 (other wildlife species)
destroyed after it has been used in
authorized research or experiments
(Section 27[a], RA 9147)
Inflicting injury which cripples and/or Imprisonment of:
impairs the reproductive system of wildlife 4 years and 1 day to 6 years and/or fine of
species 50,000 to 500,000 (species listed as
(Section 27[b], RA 9147) critical)
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1,000 to 100,000 (for vulnerable species)
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2.1.7.1. Additional penalties: (Section 28, RA 9147)
2.1.8. Section 40 of the Act expressly repealed Act Nos. 2590 and 3893, Commonwealth
Act No. 63, as amended, Presidential Decree No. 1219 as amended, Republic Act No. 6147.
PD No. 705 was approved on May 19, 1975 and was amended several times.
The Code provides that all measures shall be adopted to conserve wildlife. It further
provides that the then Bureau of Forest Development Director shall regulate the hunting of
wildlife in forest lands in order to maintain an ecological balance of flora and fauna. Executive
Order No. 192 [1987] created the Protected Areas and Wildlife Bureau [PAWB] which absorbed
the Division of Parks and Wildlife and Marine Parks Program of the then Bureau of Forest
Development [now Forest Management Bureau].
Destruction of wildlife resources is penalized very lightly under the Forestry Code with a
fine in the amount of not less than Php100.00 for each violation and an additional penalty of
denial of a permit for a period of three (3) years from the date of the violation.
It should be noted that the Revised Forestry Code’s coverage of wildlife resources is
limited to wild fauna.
The enactment of Republic Act No. 9147 prohibits and penalizes specific acts related to
killing and destruction of wildlife which covers wild forms and varieties of flora and fauna. The
penalties provided therein are also higher than that provided in the Forestry Code. [amended by
P.D. No. 865, P.D. No. 1559, B.P. Blg. 83, P.D. 1775, E.O. No. 277 s. 1987 ; some sections
renumbered by R.A. No. 7161]
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2.3. Republic Act No. 7586 (National Integrated Protected Areas System Act)
Republic Act No. 7586 was approved on June 1, 1992. The Act established the National
Integrated Protected Areas System (NIPAS) which shall encompass outstandingly remarkable
areas and biologically important public lands that are habitats of rare and endangered species of
plants and animals, biogeographic zones and related ecosystems, whether terrestrial, wetland or
marine which are designated as “protected areas.”
The following are prohibited within protected areas, except as may be allowed by the
nature of their categories and pursuant to rules and regulations governing the same:
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the protected area, or to plants and animals or preceding page
inhabitants therein
(Section 20[b], RA 7586)
Use of any motorized equipment without a Same penalties
permit from the Management Board
(Section 20[c], RA 7586)
Mutilating, defacing or destroying objects of Same penalties
natural beauty or objects of interest to cultural
communities
(Section 20[d], RA 7586)
Damaging and leaving roads and trails in Same penalties
damaged conditions
(Section 20[e], RA 7586)
Squatting, mineral locating, or otherwise
occupying any land
(Section 20[f], RA 7586)
Constructing or maintaining any kind of Same penalties
structure, fences or enclosure, conducting any
business enterprise without a permit
(Section 20[g], RA 7586)
Leaving in exposed or unsanitary conditions Same penalties
refuse or debris, or depositing in ground or in
bodies of water
(Section 20[h], RA 7586)
Altering, removing, destroying or defacing Same penalties
boundary marks or signs
(Section 20[i], RA 7586)
2.4. Republic Act No. 8550 (Fisheries Code) and Fisheries Administrative Orders
The Fisheries Code of 1998 was approved on February 25. 1998. It repealed Presidential
Decree No. 704, as amended. The Fisheries Code of 1998 is enforceable in: all Philippine waters
over which the Philippines has sovereignty and jurisdiction, and the country’s 200 nautical miles
Exclusive Economic Zone and continental shelf; all aquatic and fishery resources whether
inland, coastal or offshore fishing areas, including but not limited to fishponds, fish pens/cages;
and, all lands devoted to aquaculture, or businesses and activities relating to fishery, whether
private or public lands.
The Code defines endangered, rare and/or threatened species as aquatic plants, animals,
including some varieties of corals and sea shells in danger of extinction as provided in existing
fishery laws, rules and regulations or in the Protected Areas and Wildlife Bureau of the DENR
and in the Convention on the International Trade of Endangered Species of Flora and Fauna
(CITES).
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Below are the prohibited acts under the Fisheries Code and Fisheries Administrative
Orders that are related to wildlife.
Table 4. Prohibited Acts and Penalties Under RA No. 8550 and FAOs
The Indigenous Peoples Rights Act (IPRA) was approved on October 29, 1997. The Act
provides for the recognition and promotion of the right of indigenous cultural
communities/indigenous peoples within the framework of the Constitution.
Section 35 of the Act provides that access to biological and genetic resources and to
indigenous knowledge related to conservation, utilization and enhancement of these resources
shall be allowed within ancestral lands and domains of the ICCs/IPs only with a free and prior
informed consent of such communities, obtained in accordance with customary laws of
concerned communities.
2.6. Republic Act No. 7611 (Strategic Environmental Plan for Palawan)
Republic Act No. 7611 was approved on June 19, 1992. It provided for the adoption of a
comprehensive framework for the sustainable development of Palawan compatible with
protecting and enhancing the natural resources and endangered environment of the province. The
framework, known as the Strategic Environment Plan for Palawan shall serve as guide to the
local government of Palawan and the government agencies concerned in the formulation and
implementation of plans, programs and projects affecting said province.
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The SEP established a graded system of protection and development control over the
whole of Palawan, including its tribal lands, forests, mines, agricultural areas, settlement areas,
small islands, mangroves, coral reefs, seagrass beds, and surrounding sea. This is known as the
Environmentally Critical Areas Network or ECAN which served as the main strategy of the SEP.
The ECAN shall, among others, ensure the protection of rare and endangered species and their
habitat.
The governance, implementation and policy direction of the SEP is exercised by the
Palawan Council for Sustainable Development (PCSD).
2.7. Republic Act No. 9072 (National Caves and Cave Resources Management and Protection
Act)
Republic Act No. 9072 was approved on April 8, 2001. The Act provides for the
conservation, protection and management of caves and cave resources as part of the country's
natural wealth. "Cave resources" include any material or substance occurring naturally in caves,
such as animal life, plant life, including paleontological and archaeological deposits, cultural
artifacts or products of human activities, sediments, minerals, speleogems and speleothems.
Knowingly destroying, disturbing, defacing, Imprisonment from two (2) years to six (6)
marring, altering, removing, or harming the years or a fine ranging from Twenty thousand
speleogem or speleothem of any cave or pesos (P20,000) to five hundred thousand
altering the free movement of any animal or pesos (P500,000.00) or both at the discretion of
plant life into or out of any cave the Court:
(Section 7[a], RA 9072) The person furnishing the capital to
accomplish the acts punishable herein shall be
punished by imprisonment from six (6) years
and one (1) day to eight (8) years or by a fine
ranging from Five hundred thousand pesos
(P500,000.00) to One million pesos
(P1,000,000.00) or both at the discretion of the
Court:
If the area requires rehabilitation or restoration
as determined by the Court, the offender shall
also be required to restore the same, whenever
practicable or compensate for the damage:
If the offender is a government employee, he
or she shall likewise be removed from office.
(Section 8, RA 9072)
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Gathering, collecting, possessing, consuming, Same penalties
selling, bartering or exchanging or offering for
sale without authority any cave resource
(Section 7[b], RA 9072)
The Act also provides for administrative confiscation and conveyance. The Secretary of
the DENR shall order the confiscation, in favor of the Government of the cave resources
gathered, collected, removed, possessed or sold including the conveyance and equipment used in
violation of Section 7 of the Act.
2.8. Republic Act No. 8485 (Promoting Animal Welfare in the Philippines)
The Act was approved on February 11, 1998. The purpose of the act is to protect and
promote the welfare of all animals in the Philippines by supervising and regulating the
establishment and operations of all facilities utilized for breeding, maintaining, keeping, treating,
or training of all animals either as objects of trade or as household pets.
The Director of the Bureau of Animal Industry shall supervise and regulate the
establishment, operation and maintenance of pet shops, kennels, veterinary clinics, veterinary
hospitals, stockyard, corrals, stud farms and zoos and any other form or structure for the
confinement of animals where they are bred, treated, maintained, or kept either for sale or trade,
or for training as well as the transport of such animals in any form of public or private
transportation facility in order to provide maximum comfort while in transit and minimize, if not
totally eradicate, incidence of sickness or death and prevent any cruelty from being inflicted
upon the animals.
It provides that it shall be the duty of any owner or operator of any land, air or water
public utility transporting pet, wildlife, and all other animals to provide in all cases, adequate,
clean, and sanitary facilities for the safe conveyance and delivery thereof to their consignee at the
place of consignment.
The act further provides that it shall be the duty of every person to protect the natural
habitat of the wildlife. The destruction of said habitat shall be considered as a form of cruelty to
animals and its preservation is a way of protecting the animals.
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2.9. List of Other Wildlife Related Laws and Issuances
13
Endangered Fishery Species”. Issued on Away of Bubalus mindorensis, Commonly
May 17, 2001. Known As Tamaraw”. Approved on June
15, 1954.
2.9.14. FISHERIES ADMINISTRATIVE
ORDER (FAO) No. 193, Series of 1998 2.9.20. ACT NO. 3983 “An Act to Protect
“Prohibition to catch, sell, purchase, Wild Flowers and Plants in the Philippine
possess, transport and/or export whale shark Islands and to Prescribe Conditions under
and manta ray meat and related byproducts”. which They may be Collected, Kept, Sold,
Issued in 1998. Exported, and for Other Purposes”.
Approved on December 3, 1932 (Expressly
2.9.15. PROCLAMATION NO. 1030 repealed by RA No. 9147).
“Declaring the Philippine Tarsier (Tarsius
syrichta) as a Specially Protected Faunal 2.9.21. ACT NO. 3572 “An Act to Prohibit
Species of the Philippines”. Issued on June the Cutting of Tindalo, Akle, or Molave
23, 1997 Trees, under certain Conditions, and to
Penalize Violations Thereof”. Approved on
2.9.16. DENR ADMINISTRATIVE November 26, 1929.
ORDER NO. 97-17 “Establishing the
Disposition Program for Confiscated and 2.9.22. ACT NO. 2590 “An Act for the
Donated Wildlife in the Custody of DENR Protection of Game and Fish”. Enacted on
Wildlife Rescue Centers and Similar DENR February 4, 1916 (expressly repealed by RA
Facilities and Providing Guidelines 9147).
Therefor”. Issued on April 29, 1997.
2.9.23. ACT NO. 1798 “An Act to Provide
2.9.17. DENR ADMINISTRATIVE for the Protection of Animal Life in the
ORDER NO. 1992-25 “National Integrated Philippine Islands”. Enacted on October 12,
Protected Areas System Implementing Rules 1907 (Expressly repealed by Act No. 2590).
and Regulations”. Issued on June 29,1992.
14
2.10. International Conventions (see Annex for discussion on wildlife related international
conventions)
2.10.1. Convention on the International Trade in Endangered Species of Wild Fauna and
Flora (CITES)
2.10.2. Convention on Biological Diversity (CBD)
2.10.3. Convention on Migratory Species (CMS)
2.10.4. Convention on Wetlands (RAMSAR)
Sources:
Oposa, Antonio. A Legal Arsenal for the Philippine Environment; The Philippine Islands: Batas
Kalikasan (2002)
pawb.denr.gov.ph/PAWB_Policies/DAO_revised.pdf
pawb.denr.gov.ph/PAWB_Policies/Republic Act1.pdf
pawb.denr.gov.ph/PAWB_Policies/EO.pdf
pawb.denr.gov.ph/PAWB_Policies/DMC_DMO.pdf
pawb.denr.gov.ph/PAWB_Policies/Proclamation.pdf
pawb.denr.gov.ph/meas/CBD Write up.pdf
pawb.denr.gov.ph/meas/CITES Write up.pdf
pawb.denr.gov.ph/meas/CMS Write up.pdf
pawb.denr.gov.ph/meas/RAMSAR Write up.pdf
Philippine Law Library, Laws Philippine Edition. CD Technologies Asia, Inc. (2007)
Manages and protects the country’s natural resources. (EO 292 and EO 192, Sec. 4)
* Responsible for the tasks that were previously within the jurisdiction of the
Division of Parks and Wildlife and the Marine Parks Program of the Bureau of
Forest Development, namely, the protection, development and preservation of
national parks, marine parks, game refuges and wildlife. (EO 192, Section 16)
* Responsible for the tasks that were formerly assigned to the Calauit Game
Preserve and Wildlife Sanctuary, Presidential Committee on the Conservation of
Tamaraw, Ninoy Aquino Parks and Wildlife Center. (EO 192, Section 16)
* Responsible for all the national parks, wildlife sanctuaries and game preserves
previously managed and administered by the Ministry of Human Settlements
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including National Parks reservations situated in the provinces of Bulacan, Rizal,
Laguna and Quezon formerly declared as Bagong Lipunan site of said Ministry,
Magat Forest Reservation and Mt. Arayat National Park. (EO 192, Section 16)
* Formulates and recommends policies, guidelines, rules, and regulations for the
establishment and management of an Integrated Protected Areas Systems such as
national parks, wildlife sanctuaries and refuge, marine parks, and biospheric
reserves. (EO 192, Sec. 18(a))
* Formulates and recommends policies, guidelines, rules, and regulations for the
preservation of biological diversity, genetic resources, and endangered Philippine
flora and fauna. (EO 192, Sec. 18(b))
* Assists the Secretary in the monitoring and assessment of the management of the
Integrated Protected Areas System and provides technical assistance to the
regional offices in the implementation of programs for these areas. (EO 192, Sec.
18(d))
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Q. What activities under Republic Act 9147 must undergo the
Environmental Impact Assessment (EIA) process?
A. EIA process is needed in the following:
- introduction of exotic fauna in private/public forests.
- field release of any pathogenic organism.
- field testing of any genetically-engineered organism: (i)in an
environmentally critical area; (ii) the conduct of which has been
determined by the DENR-EMB and the DA-Bureau of Plant Industry,
as posting significant risks to the environment.
3.1.4. DENR Field Offices which refer to the Regional, Provincial and Community
Offices (EO 192, Section 20)
All officials, technical personnel and forest guards employed in the integrated
protected area service of the DENR or all persons deputized by the DENR, upon
recommendation of the Protected Area Management Board shall be considered
as field officers and shall have the authority to investigate and search premises
and building and make arrests in accordance with the rules on criminal procedure
for the violation of laws and regulations relating to protected areas, which
include wildlife laws. Persons arrested shall be brought to the nearest police
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precinct for investigation. (NIPAS Act, Sec. 18)
The REDs, as Chairman of the PAMB, shall enforce policies, rules and
regulations adopted by DENR and the PAMB for protected areas under his
jurisdiction. (DAO 25-92, Section 34(a))
The RTD shall assist the RED and provide technical direction and supervision
over the Protected Areas and Wildlife Division. In the absence of the RED, the
RTD shall assume the RED’s responsibilities over the protected areas. (DAO 25-
92, Section 35)
Perform the functions of the district offices of the bureaus, which were abolished
in accordance with Section 24 (b) of EO 192. (EO 192, Sec. 21)
• Act as peace officer for the purpose of maintaining peace and order within
the protected area. As peace officer, he shall exercise police supervision
therein, and may arrest any person found in any place within protected areas
who is committing, has committed, or is about to commit an offense against
the provisions of the (NIPAS) Act or this Order (DAO 25-92).
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• Enforce the rules and regulations established to protect the area and preserve
the protected area from trespass, damage, injury and illegal occupancy.
• Seize and confiscate timber or forest products, game birds, animals and fish
including instruments, tools and conveyances used inside the protected area
by unlicensed persons, or if license, in violation of protected area laws, rules
and regulations; and, to report them in accordance with the present rules,
regulations and guidelines issued by the Secretary concerning confiscation,
seizure and disposition of illegally cut, gathered and transported forest
products, and other natural resources and confiscated wildlife. (DAO 25-92,
Section 38)
Who:
1. DENR officials and field personnel assigned in the forestry and protected area
and wildlife sectors. Their function in wildlife law enforcement is limited to
terrestrial plant and animal species, all turtles and tortoises and wetland
species, including but not limited to crocodiles, waterbirds and all amphibians
and dugong. (RA 9147, Section 4, in relation to PD 705, Section 77 and 77-A,
EO 192 Sections 13 and 18)
2. DA officials and field personnel assigned in the law enforcement units of the
said agency. Their wildlife law enforcement function covers all declared
aquatic critical habitats, all aquatic resources, including but not limited to all
fishes, aquatic plants, invertebrates and all marine mammals, except dugong.
(RA 9147, Section 4)
3. PCSD officials and field personnel. Their wildlife law enforcement is limited to
wildlife species found in Palawan. Jurisdiction over existing DENR wildlife
conservation projects of national concern/significance located in Palawan, such
as but not limited to the Palawan Wildlife Rescue and Conservation Center
(PWRCC) and the Philippine Cockatoo Conservation Program (PCCP)
remains with DENR. (RA 9147, Section 4 and Joint DENR-DA-PCSD
Administrative Order No. 01-04, Sections 4.2 and 4.3)
19
5. The designated wildlife enforcement officers from the Philippine National
Police (PNP), the Armed Forces of the Philippines (AFP), the National Bureau
of Investigation (NBI), and other law enforcement agencies. (RA 9147,
Section 30)
Functions:
• Arrest even without warrant any person who has committed, is committing, or
is about to commit in his presence any of the offenses provided under the Act
and other relevant laws, rules and regulations. (Joint DENR-DA-PCSD
Administrative Order No. 01-04, Rule 30.4)
• Deliver the arrested offender within reasonable time to the nearest police
station and assist in filing the proper complaint with the appropriate official
designated by law to conduct preliminary investigation. (Joint DENR-DA-
PCSD Administrative Order No. 01-04, Rule 30.4)
20
Office for custody all confiscated wildlife, their parts, by-products and/or
derivatives, as well as tools, equipment and conveyances used in the
commission of the crime, including corresponding reports. (Joint DENR-DA-
PCSD Administrative Order No. 01-04, Rule 30.4)
• Prosecute cases before Municipal Trial Courts in areas where there are no
prosecutors. (Joint DENR-DA-PCSD Administrative Order No. 01-04, Rule
30.4)
• Enforce existing wildlife laws, rules and regulations and such other orders or
regulations promulgated thereunder for the protection of wild fauna and flora.
(Joint DENR-DA-PCSD Administrative Order No. 01-04, Rule 33.2)
• Inspect and verify shipments of wildlife, its by-products and derivatives for
export, re-export, import and local transport. (Joint DENR-DA-PCSD
Administrative Order No. 01-04, Rule 33.2)
• Seize and confiscate illegally collected, possessed and traded wildlife, by-
products and derivatives in favor of the government or refuse clearance when
there are reasonable grounds to believe that existing wildlife laws, rules and
regulations, or the CITES have been violated. (Joint DENR-DA-PCSD
Administrative Order No. 01-04, Rule 33.2)
21
• Arrest even without warrant any person who has committed, is committing, or
is about to commit in his presence any of the offenses provided under the Act
and other relevant laws, rules and regulations. (Joint DENR-DA-PCSD
Administrative Order No. 01-04, Rule 33.2)
• Protects all declared aquatic critical habitat, all aquatic resources, including but
not limited to all fishes, aquatic plants, invertebrates and all marine mammals,
except dugong. (RA 9174, Sec.4)
Formulates and enforces all rules and regulations governing the conservation and
management of fishery resources, except in municipal waters. (RA 8550, Sec. 65)
22
in accordance with environmental standards and practices. (RA 8550,
Section 67 (a))
Prevents the movement or trade from and/or into the country of products
mentioned in immediately preceding paragraphs so prohibited or
regulated under existing laws, rules and regulations as well as
international agreements of which the Philippines is a State Party. (RA
8550, Section 67 (c))
Examines all fish and fishery products coming into or going out of the
country which may be a source or medium of fish pests or diseases
and/or regulated by existing fishery regulations. (RA 8550, Section
67(d))
• Recommends plant quarantine policies, and prescribes rules and regulations for
the prevention, control, and eradication of pests, diseases, and injuries to plants
and plant products. (EO 292, (EO 292, Book IV, Title IV, Chapter 4, Section
19.3)
23
Plant Quarantine Officers (EO 292, Title IV, Chapter 5, Section 34)
Enter into and inspect any and all areas where plants, plant products and
other materials capable of harboring plant pests are landed, stored or grown.
Inspect, administer treatment and certify plants, plant products and other
related materials intended for export, if the importing country so requires.
3.3. Department of Finance (EO 292, Book IV, Title II, Chapter 1, Section 2)
3.3.1 Bureau of Customs (EO 292, Book IV, Title 2, Chapter 4, Sec. 23)
24
Conducts internal inquiry and investigation which may serve as the
basis for prosecution.
Exercises police authority conferred by the Tariff and Customs Code
or other laws which include the enforcement of seizures and forfeitures
and the imposition of penalties and fines.
• Acts as both the legal counsel and prosecution arm of the government. (EO 292,
Title III, Section 1)
• Administers the criminal justice system in accordance with the accepted processes
consisting in the investigation of the crimes, prosecution of offenders and
administration of correctional system. (EO 292, Title III, Section 1)
3.4.1. National Bureau of Investigation (NBI) (Republic Act No. 157, as amended
by EO 94 series of 1947)
• Promotes peace and order, ensures public safety and further strengthens local
government capability aimed towards the effective delivery of basic services to
the citizenry. (RA 6975 Section 2 as amended by RA 8551)
25
3.5.1. Philippine National Police (Republic Act 6975, Section 24)
26
consonance with approved standards on human settlements and
environmental sanitation. (RA 7160, Section 468, (4.i))
- Adopt measures and adopt quarantine regulations to prevent the
introduction and spread of diseases within its territorial
jurisdiction. (RA 7160, Section 468, (4.v))
3.6. Department of National Defense (EO 292, Book IV, Title VIII)
27
3.6.1. Armed Forces of the Philippines
28
• Performs such other functions as may be provided by law or
assigned by higher authorities. ((EO 292, Title VIII, Section 53.6)
3.7. Department of Transportation and Communication (EO 292, Book IV, Title XV,
Chapter 1 Section 2)
• Enforces or assists in enforcing, all applicable laws upon the high seas and
territorial waters of the Philippines. (PD 601, Sec. 2)
• Enforces laws, promulgates and administers rules and regulations for the
prevention of marine pollution within the territorial waters of the
Philippines in coordination with the National Pollution Control
Commission.
29
3.7.2. Philippine Ports Authority
Just like the PPA, MIAA may promulgate rules and regulations that
would contribute to a strengthened enforcement of Wildlife Resources
Conservation and Protection Act in all airports of the country. These
rules and regulations will in turn be implemented by the MIAA staff
and personnel, who under Section 6 of EO 903 are given police
authority.
30
BOOK 2
Protocols on Wildlife Law Enforcement
Chapter 1. Introduction
1.1. Importance. The unabated trafficking of wildlife in the country has resulted in great loss to
the Philippines. Hence, the Republic Act No. 9147, otherwise known as the Wildlife Resources
Conservation and Protection Act of 2001, was passed in order to conserve the country’s wildlife
resources and their habitats for sustainability.
1.2. Purpose. This shall serve as an implementation guide that contains the standards and
protocol for the enforcement of wildlife laws, particularly in conducting surveillance, arrest,
search, seizure and detention and preservation and handling of evidence, with the end view of
minimizing possible errors and administrative lapses in the enforcement and prosecution of
wildlife laws.
1.3. Scope. This protocol consists primarily of standard operating procedures (SOP’s) with
excerpts of pertinent wildlife laws, rules and regulations on law enforcement, particularly the
Constitution, the Rules of Court, and jurisprudence. It also contains definitions of important
words and phrases, appendices of the necessary forms for the SOP’s and text of pertinent laws
cited thereto.
1.4. Usage. The users of this protocol are the wildlife enforcement officers as discussed in
Section 3.1.4.1 of this manual.
2.1. Investigation
2.1.1. Definition
Investigation is a general term, which encompasses all modes and styles of getting
intended information regarding persons, place, things or events for purposes of
regulatory, administrative or criminal prosecution. In conducting investigation, the
focus must be on matters that are relevant to the issue and competent under the law. In
gathering information, the investigator must always bear in mind that the information
may eventually be used as evidence against the violator. He must be aware of the basic
rules of evidence. (Revised Rules on Evidence, Rule 128, Section 3) and the Bill of
Rights under the Constitution.
31
Bill of Rights (as simplified) under the 1987 Constitution
2.1.2.1. Lay the basis for investigation. Any of the following can be the basis for
investigation and surveillance:
2.1.2.2. Determine the veracity of the initial information by checking it with other
sources of information such as the Protected Areas and Wildlife Bureau (PAWB),
DENR field offices including ARMM, PCSDS, BFAR, informants, individuals, other
law enforcement officers and/or offices. Said offices, as the case may be, shall provide
master list of duly issued permits/licenses to all law enforcement agencies and wildlife
enforcement officers.
(Note: For on the spot discovery of offenses, follow the protocol for
WARRANTLESS ARREST under Book II, Chapter 3, Section 3.4 and Book II,
Chapter 7)
2.1.2.4. Evaluate if there is enough information which would lead an ordinary prudent
man to believe that an illegal activity has been committed, is being committed or about
to be committed.
2.1.2.5. If the answer is yes, undertake complete and detailed investigation. Otherwise,
the WEO shall immediately conclude the initial intelligence gathering phase.
32
2.1.2.6. Develop an operational plan before going through the investigation phase and
decide how the investigation will be conducted, after estimating the manpower, money
and equipment that will be available.
2.1.2.8. To ensure that the investigation shall be in accord with law, the WEO may
consult government prosecutor or designated DOJ prosecutor for technical advice.
• Examine and verify the documents and papers and other information with
other agencies (paper trail).
• Gather, label and preserve the initial evidence in accordance with law.
• Ensure that basic information are present: (record check, personal profile and
circumstances of the subject, pattern, other persons/institutions involved)
2.1.2.10. Prepare the INVESTIGATION REPORT (See Form No. 2 of Book 3 of this
Manual)
33
INVESTIGATION PROCEDURE
INVESTIGATION PROPER
34
2.2. Surveillance
2.2.1. Definition
While there are no exact methods of conducting surveillance, there are some
techniques that investigators have been using for a long time which they have found
to be effective if properly used in an appropriate setting.
2.2.2.1. Passive Surveillance occurs when data are routinely collected and forwarded
to more central levels on a routine basis. Examples are licensing and permitting.
2.2.2.2. Active Surveillance occurs when data are sought out by visiting the sites, or
in some cases, by participation in wildlife trade. This is by far the most exciting and
dangerous of the types of surveillance.
35
• Undercover. By far the most difficult and dangerous but nonetheless a
very effective surveillance method in many circumstances.
2.2.2.3. Comprehensive Surveillance occurs when data are collected from as many
sites as possible throughout the country to determine the magnitude of both legal and
illegal wildlife trade activities. Examples are comprehensive research for monitoring
and control purposes.
• Make a comprehensive and flexible surveillance plan before going into any
surveillance activity.
• Prepare the gadgets and equipment and other materials to be used in surveillance
such as the profile of the target area.
• Proceed to observation post, area or vicinity, or “plant” the undercover WEO and
start the surveillance.
• Conduct test-buy, when appropriate. Observe the rules on the Chain of Custody in
turning over the “fruits of the crime” for purposes of evidence or further analysis.
36
Rules on tape recordings, wire, and Dictaphone. To be admissible, the following
requisites must be present, subject to the limitation of RA 4200 or the Anti-Wire
Tapping Law and the Constitution:
Conclude the surveillance and retreat from the area without being noticed.
2.2.4. Procedure for Pre-Raid Surveillance. To ensure the safety of the raiding team, if a
decision to raid is reached, the following are needed to be done:
37
SURVEILLANCE
GENERAL PROCEDURE
38
2.3. Regulatory Monitoring
• “Section 33. Creation of Wildlife Traffic Monitoring Units. The Secretary shall create
wildlife traffic monitoring units in strategic air and seaports all over the country to
ensure the strict compliance and effective implementation of all existing wildlife
laws, rules and regulations, including pertinent international agreements. Customs
officers and/or other authorized government representatives assigned at air or seaports
who may have intercepted wildlife commodities in the discharge of their official
functions shall, prior to further disposition thereof, secure a clearance from the
wildlife traffic monitoring unit assigned in the area.”
2.3.2.1. Inspect and verify shipments of wildlife, its by-products and derivatives for
export, re-export, import and local transport on a regular basis.
2.3.2.2. Conduct investigation and receive evidence regarding the commission of any
of the offenses defined under RA 9147 within your area of assignment, whether or not
the offense was committed in your presence. Use investigation and surveillance
protocols provided under this manual.
2.3.2.3. Profile movements of certain person suspected for wildlife trafficking and
those who have had previous records of similar crimes.
2.3.2.4. Coordinate with the customs officers and/or other government authorities at
the air or seaports.
1
Nail coffin questions are types of questions which are intended to elicit responses that will lead to an initial
determination of the commission of an offense by the person being questioned. Examples: “Did you personally pack
your things?” “Did anyone else touch your luggage?”
39
2.3.2.6. Establish a network of informants who will supply reliable information on the
trafficking/transport of wildlife species and its derivatives or by-products both at the
domestic and international levels on a regular basis.
REGULATORY MONITORING
GENERAL PROCEDURE
40
Chapter 3. Protocol on Arrest, Search and Seizure
3.1. Arrest
3.1.1. Definition
Arrest is defined as the taking of a person into custody in order that he/she may be
bound to answer for the commission of an offense. Arrest is made by an actual
restraint of a person to be arrested, or by his submission to the custody of the person
making the arrest. No violence or unnecessary force shall be used in making an
arrest. The person arrested shall not be subject to a greater restraint than is necessary
for his detention.
3.1.3.1. Constitutional Basis. Our law and rules on arrests, search and seizure is
Article III, Section 2 of the 1987 Constitution which provides that 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. The
Constitution likewise provides that any evidence obtained in violation of this right
shall be inadmissible for any purpose in any proceeding. (Article III, Section 3, 1987
Constitution)
3.1.3.2. Who issues a Warrant of Arrest. — Only judges are authorized to issue
Warrant of Arrest and Search Warrant pursuant to the process outlined under Section
6 of Rule 112 of the Revised Rules on Criminal Procedure.
41
Under the Vienna Convention on Diplomatic Relations2, a diplomatic agent,
i.e., the head or a member of the diplomatic staff mission, members of his
family forming part of his household who are not nationals of the receiving
State, members of the administrative technical staff of the mission, together
with members of their families forming part of their respective households
who are not nationals of or permanently resident in the receiving state, and
members of the service staff of the mission who are not nationals of, or
permanent resident in the receiving state, are immune from the criminal
jurisdiction of the host state.
Under R.A. No. 75, any writ or process sued out or prosecuted by any person
in any court of the Republic of the Philippines, or by any judge or justice,
whereby the person of any ambassador or public minister of any foreign
State, authorized and received as such by the President, or any domestic or
domestic servant of any such ambassador or minister is arrested or
imprisoned is void, and every person by whom the same is obtained or
prosecuted, whether as party or as attorney, and every officer concerned in
executing it is, upon conviction, “punished by imprisonment of not more
than three years and a fine not exceeding two hundred pesos in the discretion
of the court.” (Sec. 4)
3.1.3.5. Procedure in Serving a Warrant of Arrest. Only peace officers such as PNP
and NBI shall serve the warrant of arrest. They shall be guided by the following
procedure:
3.1.3.5.1. Seek proper entry, if necessary, into the building, office, residence,
etc. Introduce yourself and show proper authorization.
3.1.3.5.2. If refused entry, apprehending officer may break into any building,
office, residence, etc. where the person to be arrested is or is reasonably
believed to be, after announcing his authority and purpose.
2
The Convention was adopted at Vienna, April 18, 1961, concurred by Senate, S.R. No. 65, May 3, 1965 of the
Philippine instrument of ratification signed by the President, October 11, 1965, and deposited with the Secretary-
General of the UN, November 15, 1963. The Convention went into force April 24, 1964, and with respect to the
Philippines, November 15, 1965
42
3.1.3.5.5. Explain to the suspect the following Miranda rights under the
Constitution: a) the right to remain silent; b) the right to have a counsel of
his/her own choice; c) the right to be informed of these rights
3.1.3.5.6. The officer need not have the copy of the warrant in his possession at
the time of arrest. But after the arrest, if the person arrested so requires, the
warrant shall be shown to him as soon as practicable.
3.1.3.5.7. Conduct thorough search and seizure in accordance with the rules on
search and seizure as setforth herein and ensure that everything is properly
documented.
3.1.3.5.8. Turn-over the accused to the nearest police station or appropriate law
enforcement agency (i.e. CIDG, PNP, NBI, etc.), for investigatory detention.
3.1.3.5.9. Prepare Return of Warrant within 10 days and submit to the Court
which issued the same.
3.1.3.5.10. An arrest may be made on any day and at any time of the day or
night.
43
PROCEDURE IN SERVING A WARRANT OF ARREST
MakeAa THOROUGH
MAKE thorough explanation of your
EXPLANATION OF authority
YOUR AUTHORITY
(The officer need not have the warrant in his possession at the time of arrest. But
after the arrest, if the person arrested so requires, the warrant shall be shown to him
as soon as practicable)
.
ENSURE THAT EVERYTHING IS PROPERLY DOCUMENTED
.
TURN-OVER THE ACCUSED TO THE NEAREST POLICE STATION FOR
INVESTIGATORY DETENTION
44
3.1.4. Warrantless Arrest
As a general rule, no peace officer or person has the power or authority to arrest
anyone without a warrant except in those cases authorized by law. These cases
include “in flagrante delicto” arrest and “hot pursuit arrest” under Secs. 5(a) and
5(b) of Rule 113 of the Revised Rules of Criminal Procedure.
“(b) When an offense has just been committed, and he has probable
cause to believe based on personal knowledge of facts or circumstances
that the person to be arrested has committed it; and
“(c) When the person to be arrested is a prisoner who has escaped from a
penal establishment or place where he is serving final judgment or is
temporarily confined while his case is pending, or has escaped while
being transferred from one confinement to another.”
45
3.1.4.2.9. Explain to the suspect the following Miranda rights under the
Constitution: a) the right to remain silent; b) the right to have a counsel of
choice; and c) the right to be informed of these rights.
46
GENERAL PROCEDURE FOR CONDUCTING
PROPER WARRANTLESS ARREST
47
TIPS ON ARREST
2. Assume subject is armed and will take your life if given the opportunity.
1. Restrict subject's movement. Do not grant request for personal privileges before
being searched.
2. Clothing and other things requested should be examined for weapons or items of
evidence before turning over the subject.
4. Search by one officer. Have gun drawn with hand farther away from subject.
• Dangerous and violent criminals must be handcuffed. Escapees from prisons and escape
artists should likewise be handcuffed.
• Don’t stop the search when weapon is found. Be aware of items for committing suicide
and for evidence.
• Don’t grant subject(s) request to attend to something before, during and immediately after
the search.
3.2. Search
48
3.2 Search
3.2.1. Definition
As provided in Article III, Section 2 of the 1987 Constitution (please see section on
Arrest), no search can be done without a lawful search warrant.
3.2.3.1. Warrantless search incidental to lawful arrest recognized under Section 12,
Rule 126 of the Rules of Court—“Search incident to lawful arrest.—A person
lawfully arrested may be searched for dangerous weapons or anything which may
be used as proof of the commission of an offense, without a search warrant.”
• A prior valid intrusion based on the valid warrantless arrest in which the
police are legally present in the pursuit of their official duties;
• The evidence was inadvertently discovered by the police who had the
right to be where they are;
3
Black’s Law Dictionary
4
People vs. Musa (217 SCRA 597) [993]
49
3.2.3.3. Search of a moving vehicle.
Persons duly commissioned to enforce tariff and customs laws have the
authority to stop and search moving vehicles and seize goods suspected to
have been introduced in the country in violation of the customs laws. 5
The Supreme Court cited pertinent provisions of the Tariff and Customs
Code on searches, seizures and arrests, which may be made even without
warrants, for purposes of enforcing customs and tariff laws. Without
mention of the need to priorly obtain a judicial warrant, the Code
specifically allows police authorities to “enter, pass through or search any
land, enclosure, warehouse, store or building, not being a dwelling house;
and also to inspect, search and examine any vessel or aircraft and any
trunk, package, box or envelope or any person on board[;]or stop and
search and examine any vehicle, beast or person suspected of holding or
conveying any dutiable or prohibited article introduced into the
Philippines contrary to law.”7
5
People vs. CFI of Rizal, G.R. No. L-41686, November 17, 1980, 101 SCRA 86. The Supreme Court said “This
Court had occasion to recognize this power granted to persons having police authority under Section 2203 of the
(Customs) Code, who in order to discharge their official duties more effectively-
‘xxx may at any time enter, pass through, or search any land or enclosure of any warehouse, store or other
building not being a dwelling house.’ (Section 2208, italics supplied)
‘xxx (to) go aboard any vessel or aircraft within the limits of any collection district, and to inspect, search
and examine said vessel or aircraft and any trunk, package, box or envelope on board, and search any
person or board the said vessel or aircraft and to this end to hail and stop such vessel or aircraft if under
way, to use all necessary force to compel compliance; and if it shall appear that any brach or violation of
the customs and tariff laws of the Philippines has been committed, whereby or in consequence of which
such vessels or aircrafts, or the article, or any part thereof, on board of or imported by such vessel or
aircrafts, is liable to forfeiture to make seizure of the same or any part thereof.’
‘The power of search herein above given shall extend to the removal of any false bottom, partition,
bulkhead or other obstruction, so far as may be necessary to enable the officer to discover whether any
dutiable or forfeitable articles may be concealed. (Section 2210)’
6
People vs. Figueroa, G.R. No. 134056, 335 SCRA 249, July 6, 2000.
7
Papa v. Mago, 22 SCRA 857, pp. 871-872,
50
3.2.3.6. Stop and frisk.
The “stop and frisk” concept is of American origin, the most notable case
thereon being Terry v. Ohio. (392 US 1; 88 S Ct. 1868; 20 L ed. 2d 889
(1968). The idea is that a police officer may after properly introducing
himself and making initial inquiries, approach and restrain a person
manifesting unusual and suspicious conduct, in order to check, the latter’s
outer clothing for possibly concealed weapons. The strict manner in
which this notion should be applied has been laid down as follows:
“xxx where a police officer observes unusual conduct which leads him
reasonably to conclude in the light of his experience that criminal activity
may be afoot and that the persons with whom he is dealing may be armed
and presently dangerous, where in the course of investigating this
behavior, he identifies himself as a policeman and makes reasonable
inquiries, and where nothing in the initial stages of the encounter serves to
dispel his reasonable fear for his own and others’ safety, he is entitled for
the protection of himself and others in the area to conduct a carefully
limited search of the outer clothing of such persons in an attempt to
discover weapons which might be used to assault him.”8
8
Quoted in Malacat v. Court of Appeals, 283 SCRA 159, 174, December 12, 1997
9
Ibid.
10
People vs. De Gracia, 53 SCAD 103, 233 SCRA 716 [1994]
11
United States v. McConney, 728 F.2d 1195, 1199 (9th Cir.)
51
or concealment of evidence/the escape of a suspect, and if there was
insufficient time to get a search warrant.12
3.2.4. Search warrant defined.—Rule 126 of the Rules of Court defines search warrant
as an order in writing issued in the name of the People of the Philippines, signed by a
judge and directed to a peace officer, commanding him to search for personal property
described therein and bring it before the court.
3.2.5. Where to apply for search warrant. An application for search warrant shall be
filed with any court within whose territorial jurisdiction a crime was committed. For
compelling reasons stated in the application, the application may be made to any court
within the judicial region where the crime was committed if the place of the commission
of the crime is known, or to any court within the judicial region where the warrant shall
be enforced. However, if the criminal action has already been filed, the application shall
only be made in the court where the criminal act.ion is pending.
3.2.6. Who applies for a search warrant. Any law enforcer or wildlife enforcement
officer authorized to enforce RA 9147 may apply for a warrant. Such warrant shall be
issued upon probable cause in connection with one specific offense 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 things to be seized.
3.2.7 Personal property to be seized. The following personal property may be seized:
3.2.8. When and how to serve search warrant. Search warrants shall be served on day
time, unless otherwise provided. It is only valid for ten (10) days from date of issue.
• SITUATION
o Should clearly but briefly explain the general situation and the
background of the operation
12
http://www.lectlaw.com/def/e063.htm
52
• MISSION
• EXECUTION PLAN
• ADMINISTRATIVE
3.2.9.4. Handle the information with utmost secrecy. It is necessary that members
of the raiding team shall not be advised of the details of the operation until the
RAID BRIEFING.
53
3.2.9.5. ACTUAL RAID
3.2.9.5.1. Seek proper entry into the building, office, residence, etc.
3.2.9.5.2 If refused admittance, officer may break open any outer or inner
door or window of a house or any part of a house, or anything therein to
execute the warrant, after giving notice of purpose and authority.
3.2.9.5.4. Search of the house, room or any other premises shall be made in
the presence of the lawful occupants or any member of his family or in the
absence thereof, two witnesses of sufficient age and discretion residing in
the same locality.
2. Always assume that the subject is armed and will take your life if given the
opportunity.
54
3.2.9.6. POST-RAID:
3.2.9.6.3. Return the search warrant to the judge who issued the same
pursuant to the Rules (Sec. 12 Rule 126).13 Coordinate with the judge
13
Rule 126, Section 12. Delivery of property and inventory thereof to court; return and proceedings thereon. – (a)
The officer must forthwith deliver the property seized to the judge who issued the warrant, together with a true
inventory thereof duly verified under oath.
(b) Ten (10) days after issuance of the search warrant, the issuing judge shall ascertain if the return has been made,
and if none, shall summon the person to whom the warrant was issued and require him to explain why no return was
made. If the return has been made, the judge shall ascertain whether section 11 of this Rule has been complied with
55
regarding turnover and deposit of the evidence seized during the conduct of
the search. (see chapter on Seizure and Handling for the recommended turn-
over/deposit procedure)
3.2.10.1. For items apprehended under this circumstance, please see chapter on
Apprehension (Seizure) and Handling.
and shall require that the property seized be delivered to him. The judge shall see to it that subsection (a) hereof has
been complied with.
(c) The return on the search warrant shall be filed and kept by the custodian of the log book on search warrants who
shall enter therein the date of the return, the result, and other actions of the judge.
A violation of this section shall constitute contempt of court.
56
GENERAL PROCEDURE FOR SEARCH WITH WARRANT
• Conduct de-briefing to thresh out problems encountered during the raid to ensure
that it will not be repeated the next time around.
®
57
®
(If refused admittance, officer may break open any outer or inner door
or window of a house or any part of a house, or anything therein to
execute the warrant, after giving notice of purpose and authority)
POST RAID
58
®
THE RECEIVING OFFICER IN THE DENR/ DA-BFAR/PCSDS MUST DULY SIGN THE
TRANSMITTAL AFTER FINDING THE COMPLETENESS OF THE DOCUMENTS LISTED IN
THE TRANSMITTAL SHEET. THE TRANSMITTAL SHEET MUST BE IN TWO COPIES
(PERSONAL FILE, DENR/ DA-BFAR/PCSDS FILE.)
59
Chapter 4. Protocols on Detention
Detention is the taking of a person into custody after the arrest or surrender.
4.1. The investigatory stop.—Not every encounter between a police officer and citizen
constitutes a seizure of the person, but if an officer forcibly restrains, or threatens to restrain a
citizen, a seizure occurs. A police questioning may not constitute a seizure until a more coercive
atmosphere ensues.
4.2. The investigatory detention.—A person may be seized or apprehended for investigation of
an offense of which he is suspected. In this case, his rights under custodial investigation are now
protected by the Constitution.
4.3.1.12 hours from the time of arrest for offenses punishable by imprisonment of 1 day
to 30 days, irrespective of fine;
4.3.2. 18 hours from the time of arrest for offenses punishable by imprisonment of 1
month and 1 day to 6 years, irrespective of fine;
4.3.3. 36 hours from the time of arrest for offenses punishable by imprisonment of 6
years and 1 day to reclusion perpetua or life imprisonment.
4.4. Violations relative to detention under the Revised Penal Code of the Philippines:
4.4.1. Arbitrary Detention under Art. 124 if the period exceeded the allowed time within
which to submit the complaint for arrest made without warrant.
4.4.2. Illegal Detention under Art. 269 in cases when detention is done without proper
authority or when the arrest is made without basis.
4.5. Right to Bail in accordance with Rule 114 of the Revised Rules of Criminal Procedure.
14
Section 1(a) of DENR Administrative Order No. 32-97 dated October 10, 1997.
60
Seizure. Upon determination that an apprehension is supported by a prima facie case against the
offender/s, seizure is the official act of taking into government custody by authorized persons of
items that are fruits of a crime or machinery, equipment, tools, implements or conveyances used
to commit the crime, pending formal administrative proceedings for the disposition thereof.15
5.1.1. Ask for supporting documents or permits issued by the proper authorities.
5.1.1.1. Refer to Table 6 for the list of activities and the required permits under
Republic Act No. 9147
5.1.2.1. Verify if the permit is still valid and shows no sign of tampering. Note that
there are instances where permits are tampered with or used repeatedly.
15
Section 1(b) of DENR Administrative Order No. 32-97 dated October 10,1997.
61
5.1.2.2. Check if the permit shown is the appropriate permit for that particular
activity. Check if the permit is issued/signed by the proper issuing authority or
representative.
5.2. Documentation
Photographs taken during the law enforcement operations and collection of the physical
evidence provide a reliable and accurate means of documenting the proceedings and the
scene. If available, video documentation should also be done at the same time. Make sure
that every major step of the operation is documented/recorded.
5.2.1.1.1. Shot 1 Before the start of the operations, take a photograph of the
whole operations team. To establish the date of the operation, have one of
the team members hold a copy of that particular day’s newspaper showing
clearly the headlines.
5.2.1.2.1. Shots 3-4 Overall scene photographs should include shots taken
from the outside of the scene perimeter into the scene and should show as
much of the scene area in each photo as possible. Whenever possible, overall
shots should be taken during the initial walk-through of the scene, before any
items of evidence have been moved from their original locations.
62
5.2.1.4.2. Shots 8-10 Close-up Identification Photograph[s]. Close-up
photographs of all items of evidence collected should be taken in order to
identify the item in court.
5.2.2. Audio, photographic and video evidence of events, acts or transactions are admissible
in court provided that it is presented or displayed to the court and identified, explained or
authenticated by the person who made the recording or by some other person competent to
testify on the accuracy thereof.
Inventory as the term is used in this section refers to the inventory of the evidence in
connection with the commission of an offense. The inventory shall include items used in the
commission of the crime (i.e. conveyance or vehicles), the fruits of the commission of the
63
crime (i.e. wildlife species/specimens, by-products and derivatives), weapons or firearms, or
other items that may be used as evidence to prove the commission of the offense.
5.3.1. Before making the inventory, identification and labeling of the wildlife
species/specimens, by-products and derivatives, it is recommended that the person/s who
will conduct the activity use the proper personal protective equipment (PPE). (see Annex 8
for the recommended PPE for each type of wildlife species).
5.3.2. It is also advisable that the person/s conducting the inventory have the knowledge and
training on proper wildlife handling techniques. This is to ensure the safety of the person/s
handling the wildlife and that the wildlife will not be unduly harmed or injured.
5.3.3. Inventory the wildlife species/specimens, by-products and derivatives found during
the search. The inventory shall be conducted in the presence of the owner or his/her
representative or, in their absence, by the barangay officials in the area. If the latter are not
available, by persons of legal age and sufficient discretion residing in the same locality.
5.3.3.3. In making the identification, it is advisable to use the scientific names of the
species. If this is not possible, use the common names of the species, subject to
validation upon turn-over to the DENR/DA-BFAR/PCSDS, as the case may be.
When the species is hard to identify, list the special features of the species such as
color of the feather, skin/feet or other features and verify the type of species later.
5.3.3.4. Label the specimens/items using the Seized Evidence Tags (see Form # 10 in
Book 3 of this Manual).
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5.3.3.5. Include in the inventory the paraphernalia, tools, equipment, conveyance,
and other items used in connection with the commission of the offense.
5.3.4. Prepare the inventory sheet in three (3) copies (See Form No. 8 of Book 3 of this
Manual). First copy is for appropriate office where the case will be filed, second
copy for DENR/DA-BFAR/PCSDS file and the third copy is for personal record
of the apprehending officer.
5.3.4.1. All the copies of the Inventory Sheet should be signed by the team
member/s who conducted the inventory.
5.3.4.2. The Inventory Sheets should also be signed by at least two (2) witnesses.
The witnesses may be the barangay officials in the area or, if not available,
persons of legal age and sufficient discretion residing in the same locality.
5.3.5.1. After conducting the inventory, prepare the Apprehension Receipt in five
(5) copies. First copy is for the office where the case will be filed, the second
copy is for the person from whom the wildlife commodities are seized, the third
copy is for the DENR/DA-BFAR/PCSDS file, the fourth copy is for the witnesses
and the fifth copy is for the personal file of the apprehending officer.
5.3.5.2. The team leader and/or other members of the team which apprehended the
items shall sign all the copies of the apprehension receipt.
5.3.5.3. The two (2) witnesses shall also sign the all the copies of the
apprehension receipt. The witnesses shall again, be the barangay officials in the
area or, if not available, persons of legal age and sufficient discretion residing in
the same locality.
5.3.5.4. Furnish the suspect with a copy of the apprehension receipt and request
him to acknowledge receipt of the same.
5.3.5.5. Furnish the witnesses (barangay officials/person/s from the same locality)
a copy of the apprehension receipt.
65
5.3.6. Transfer and Transport
5.3.6.1.2. Ensure that the person/s handling the wildlife specimens are
using the appropriate PPE.
5.3.6.3.1. Ensure that the wildlife specimens are not exposed to extreme
temperatures and have proper ventilation.
5.3.6.3.2. Minimize noise and movement to avoid further stress or harm to
the wildlife specimens.
5.3.7.1. Bring the seized wildlife specimens, by-products and derivatives to the
DENR Office (CENRO, PENRO, Regional Office/ DENR Rescue Center)/ DA-
BFAR Office/PCSDS, as the case may be.
5.3.7.2. Prepare and issue the Turnover Receipt (see Form No. 11 of Book 3 of
this Manual) in three (3) copies. First copy is for the office where the case will be
filed, second copy for the DENR/ DA-BFAR/PCSDS file and the third copy for
the personal file of the apprehending officer.
66
Three (3) copies of the Acceptance Receipt shall be prepared. First copy is for the
office where the case will be filed, second copy for the DENR/ DA-
BFAR/PCSDS file and the third copy for the personal file of the apprehending
officer
5.3.7.5. For searches conducted under a search warrant, Section 12, Rule 126 of
the 2000 Rules of Criminal Procedure provide the delivery of the property seized
to the judge who issued the warrant. Considering that the court may not have the
facilities for the safekeeping of the wildlife evidence as well as the non-wildlife
evidence, the abovementioned steps and custodian agencies are recommended.
The apprehending officer shall duly coordinate with the judge who issued the
search warrant for the turnover and safekeeping of the evidence.
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PROCEDURE FOR
APPREHENSION,
SEIZURE AND Verification of Documents
HANDLING
Inventory of Evidence
Inventory of Wildlife
Specimens, by products Inventory of Paraphernalia,
and derivatives tools, equipment and
Identification of Wildlife conveyance
Species labeling
Preparation of Acceptance
Receipt
68
Chapter 6 FILING and PROSECUTION of CASES
Ensuring that a criminal case for violation of the Wildlife Resources Conservation and Protection
Act is initiated and that a successful prosecution is done to the end strengthens the campaign to
protect and sustainably manage the country’s wildlife resources. It is therefore valuable, as
important part of law enforcement, to determine how criminal cases for violation of the Wildlife
Resources Conservation and Protection Act are initiated and prosecuted in courts and what the
roles are of environmental law enforcers in each stage of the process.
Generally, criminal cases are initiated by the filing of the complaint with the office of the
prosecutor or information with the courts. However, where to file the case depends on the
circumstances of each case. At this juncture, it is important to refer to Section 3.1.2 of Book 2 of
this Manual which discusses the kinds of arrest. The first two items under the said section-
warrantless arrest and arrest with warrant- provide the two common scenarios that lead to the
filing of the case.
6.1.1. In the presence of the law enforcer, violator has committed, is actually committing, or
is attempting to commit any of the following acts prohibited by the Wildlife
Resources Conservation and Protection Act:
:
• killing and destroying wildlife species and the act does not fall under the
exceptions
• inflicting injury which cripples and/or impairs the reproductive system of wildlife
species
• dumping, in critical habitats, of waste products detrimental to wildlife
• squatting or occupying any portion of the critical habitat
• mineral exploration and/or extraction in critical habitat
• burning in critical habitat
• logging in critical habitat
• quarrying in critical habitat
• introduction of wildlife resources without the necessary permit
• reintroduction of wildlife resources without the necessary permit
• restocking of wildlife resources without the necessary permit
• trading of wildlife without the necessary permit
• collecting wildlife, their by-products and derivatives without the necessary permit
• hunting wildlife without the necessary permit
• possessing wildlife, their by-products and derivatives without the necessary
permit
• gathering or destroying active nests, nest trees, host plants and the like without the
necessary permit
• maltreating and/or inflicting other injuries not covered by preceding paragraph
• transporting of wildlife without the necessary permit
69
6.1.2. Violator has just committed any of the acts enumerated above and enforcer has
probable cause to believe based on his personal knowledge of facts or circumstances
that person to be arrested has committed it.
6.1.3. Because of a valid search, person to be arrested is found in the act of:
6.2.1.1 The complaint (see form # 12 of Book 3 of this Manual) may be filed by
the following: authorized officer of DENR/DA-BFAR/PCSDS; deputized or
designated WEOs; any peace officer or other public officer charged with
enforcement of the law
70
euthanasia was improper.
Killing and destroying wildlife -Certification from the Wildlife sector of the
species that was not a danger to the concerned DENR office as to the wildlife
life and limb of the killer classification
- Affidavit of a witness that at the time of the act of
killing or destroying the wildlife, the killer’s life or
limb was no way in any danger or wildlife species
was not in the position to cause immediate threat or
danger to the life and limb of the killer.
Killing and destroying wildlife -Certification from the Wildlife sector of the
species that were not subject of an concerned DENR office as to the wildlife
authorized research or experiments classification
-Certification from Wildlife sector of the concerned
DENR office that killer was not given any authority
to conduct research or experiment on the concerned
wildlife.
Inflicting injury which cripples -Certification from the Wildlife sector of the
and/or impairs the reproductive concerned DENR office as to the wildlife
system of wildlife species classification
- Certification from a licensed veterinarian that the
concerned wildlife, after the inflicted injury, is no
longer capable to properly utilize its reproductive
system.
Dumping in critical habitat of waste - Certification from a licensed veterinarian that the
products detrimental to wildlife dumped waste products are detrimental to the life of
the wildlife found or living in the area.
- Certification from the Wildlife sector of the
concerned DENR office that the place where the
wastes were dumped is a critical habitat in
accordance with RA 7586 or the NIPAS Act, or
designated as such in accordance with Section 25 of
RA 9147.
• Squatting or otherwise occupying -Certification from the Protected Area and/or
any portion of the critical habitat. Wildlife sector of the concerned DENR office that
• Mineral exploration and/or the place where the concerned act is done is within a
extraction in critical habitat. critical habitat in accordance with RA 7586 or the
• burning in critical habitat NIPAS Act or designated as such in accordance
• logging in critical habitat with Section 23 of RA 9147.
• quarrying in critical habitat
Introduction, reintroduction or -Certification from the Wildlife sector of the
restocking of wildlife resources concerned DENR office or National/Regional
Wildlife Management Committee that no permit
was given to violator for the concerned activity.
Trading of wildlife -Certification from the Wildlife sector of the
concerned DENR office as to classification of the
concerned wildlife.
-Certification from the Wildlife sector of the
concerned DENR office that no permit was given to
violator for the concerned activity.
Collecting, hunting or possessing -Certification from the Wildlife sector of the
wildlife, their by-products and concerned DENR office as to the classification of
derivatives the concerned wildlife.
-Certification from the Wildlife sector of the
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concerned DENR office that no permit was given to
violator for the concerned activity.
Gathering or destroying of active -Certification from the Wildlife sector of the
nests, nest trees, host plants and the concerned DENR office as to the classification of
like. the concerned wildlife.
Certification from the Wildlife sector of the
concerned DENR office that no permit was given to
violator for the concerned activity.
Maltreating and/or inflicting other -Certification from the Wildlife sector of the
injuries not covered by the other concerned DENR office as to the classification of
prohibited acts. the concerned wildlife-
- Affidavit of a witness who saw the act of
maltreatment or inflicting injury to the wildlife.
Transporting of wildlife. -Certification from the Wildlife sector of the
concerned DENR office as to the classification of
the concerned wildlife
-Certification from the Wildlife sector of the
concerned DENR office that no permit was given to
violator for the concerned activity.
Table 8.
16
Article 125 of the Revised Penal Code requires that a law enforcer who detains a person apprehended on some
legal ground, to immediately deliver the person apprehended to the proper judicial authorities within the period of :
12 hours for offenses punishable by light offenses, 18 hours for offenses punishable by correctional penalties, and
36 hours for offenses punishable by afflictive or capital penalties. Otherwise, said law enforcer can be held liable for
delay in the delivery of detained persons to the proper judicial authorities.
Light offenses include public censure and arresto menor ( imprisonment from 1 to 30 days)
Correctional penalties include suspension, arresto mayor (imprisonment from 1 mon and 1 day to 6 mons) and
prision correccional (imprisonment from 6 mos and 1 day to 6 years).
Afflictive penalties include: prision mayor (imprisonment from 6 years and 1 day to 12 years), perpetual or
temporary special disqualification, perpetual or temporary absolute disqualification, reclusion temporal
(imprisonment from 12 years and 1 day to 20 years), reclusion perpetual (imprisonment from 20 years and 1 day to
40 years).
Capital punishment: death
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Killing and destroying other threatened wildlife species. The act not being 18
one of the exceptions.
Killing and destroying other wildlife species. The act not being one of the 18
exceptions.
Inflicting injury which cripples and/or impairs the reproductive system of 18
species listed as critical
Inflicting injury which cripples and/or impairs the reproductive system of 18
endangered wildlife species
Inflicting injury which cripples and/or impairs the reproductive system of 18
vulnerable wildlife species
Inflicting injury which cripples and/or impairs the reproductive system of 18
other threatened wildlife species
Inflicting injury which cripples and/or impairs the reproductive system of 18
other wildlife species
• Dumping in critical habitat of waste products detrimental to wildlife 36
• Squatting or otherwise occupying any portion of the critical habitat.
• Mineral exploration and/or extraction in critical habitat.
• burning in critical habitat
• logging in critical habitat
• quarrying in critical habitat
Introduction, reintroduction or restocking of wildlife resources 36
Trading without permit of species listed as critical 18
Trading without permit of endangered wildlife 18
Trading without permit of vulnerable wildlife 18
Trading without permit of other threatened wildlife species 18
Trading without permit of other wildlife species 12
Collecting, hunting or possessing species listed as critical, their by-products 18
and derivatives
Collecting, hunting or possessing endangered wildlife, their by-products 18
and derivatives
Collecting, hunting or possessing vulnerable wildlife, their by-products and 18
derivatives
Collecting, hunting or possessing other threatened wildlife, their by- 18
products and derivatives
Collecting, hunting or possessing other wildlife species, their by-products 12
and derivatives
Gathering or destroying of active nests, nest trees, host plants and the like. 18
(for species listed as critical)
Gathering or destroying of active nests, nest trees, host plants and the like. 18
(for endangered wildlife species)
Gathering or destroying of active nests, nest trees, host plants and the like. 18
(for vulnerable wildlife species)
Gathering or destroying of active nests, nest trees, host plants and the like. 18
(for other threatened wildlife species)
Gathering or destroying of active nests, nest trees, host plants and the like. 12
(for other wildlife species)
Maltreating and/or inflicting other injuries not covered by the other 18
prohibited acts to species listed as critical.
Maltreating and/or inflicting other injuries not covered by the other 18
prohibited acts to endangered wildlife species.
Maltreating and/or inflicting other injuries not covered by the other 18
prohibited acts to vulnerable wildlife species.
Maltreating and/or inflicting other injuries not covered by the other 12
prohibited acts to other threatened wildlife species.
73
Maltreating and/or inflicting other injuries not covered by the other 12
prohibited acts to other wildlife species.
Transporting without permit of species listed as critical. 18
Transporting without permit of endangered wildlife species. 18
Transporting without permit of vulnerable wildlife species. 18
Transporting without permit of other threatened wildlife species. 12
Transporting without permit of other wildlife species. 12
6.2.2.1. For cases filed with the Office of the prosecutor for inquest and the fiscal
finds the arrest to be valid, fiscal must file the information with the appropriate
court that has jurisdiction over the offense, for trial of the case.
6.2.2.2. During trial, the apprehending officer and the DENR/ DA-BFAR/PCSDS
must always coordinate with and assist the prosecutor to ensure availability of
evidence.
6.2.2.4. During the hearing of the case, apprehending officer and/or the concerned
DENR/DA-BFAR/PCSDS wildlife law enforcement officer must always
coordinate with and assist the prosecuting lawyer to ensure availability of
evidence.
6.2.2.5. Actual costs, such as the costs for transportation and food of witnesses
who are private individuals, when attending the trial of the case, must be defrayed
17
Section 2 of the Rules of Procedure for Environmental Cases requires that violation of environmental law can be
filed before the court only through an “information subscribed by the prosecutor”. Direct filing with the Courts are
no longer allowed. There are prosecutors in some cities and municipalities assigned to handle environmental law
violations.
18
Section 3. Rules of Procedure for Environmental Cases.
74
by the respective government agency that instituted the criminal case. In instances
where it is the DENR that instituted the case, the expenses for the witnesses,
whether private individuals or DENR personnel shall be charged on the budget of
the particular DENR Regional Office that instituted the criminal case.
6.3.1. A violation was committed against the Wildlife Resources Conservation and
Protection Act. However, no arrest was made as the commission was not witnessed by
any authorized wildlife law enforcement officer, or no private individual who witnessed
the act attempted to arrest the wrongdoer.
6.3.2. There is an illegal importation, exportation, or transport of wildlife, and the one
who caused any of the said acts is not present at the time of the discovery of the offense
by the law enforcement authorities.
6.4.1.2.1. The DENR must file a complaint with the Office of the
Provincial or City Prosecutor for preliminary investigation. Attached in
the complaint are the 1) affidavit of witnesses; 2) investigation report; 3)
photo and/or video documentation; and 4) appropriate certifications.
6.4.1.3.2. DENR must defray the expenses for transportation and food of
the witnesses in coming to and from the investigation of the case.
75
6.4.1.4. Filing of Information and Trial
6.4.1.4.2. During hearing, the DENR must always coordinate with and
assist the prosecutor to ensure availability of evidence.
6.4.1.4.4. The concerned DENR Regional Office must defray the costs for
transportation and food of witnesses, both private and DENR personnel, in
coming to and from the court.
6.4.2.1. Initial data gathering (Please refer to Book 2, Section 2.1.2 on the
conduct of investigation)
6.4.2.3. For Investigation, filing complaint and trial of the case, DENR must
proceed as outlined from Section 6.4.1.1. up to 6.4.1.4.
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6.5. FLOWCHARTS OF PROTOCOL IN FILING AND PROSECUTION OF CASES
(please see succeeding flow charts)
Warrantless Arrest
Referral Letter
Arraignment
Pre-trial
Trial
(Law enforcement officer must always coordinate with and assist the
prosecutor in charge of the prosecution of the case.)
(Note: during appeal with the Court of Appeals and Supreme Court, law enforcement officer must continue to
coordinate with and assist the prosecutor in handling the case.
77
II. Procedure In Filing and Prosecuting Case under ARREST WITH WARRANT and
DENR is the first one that receives information of violation
Preliminary Investigation
Arraignment
Pre-trial
Trial
Note: during appeal with the Court of Appeals and Supreme Court, law enforcement
officer must continue to coordinate with and assist the prosecutor in handling the case.
78
IV. Procedure In Filing and Prosecuting Case under ARREST WITH WARRANT and
Non-DENR WEO is the first one that receives the information of violation
Arraignment
Pre-trial
Trial
(Law enforcement officers must always
coordinate with and assist the prosecutor in
charge of the prosecution of the case)
Note: during appeal with the Court of Appeals and Supreme Court, law enforcement
officer must continue to coordinate with and assist the prosecutor in handling the case.
79
Chapter 7. Procedure for Administrative Seizure and Confiscation
7.1. Administrative Seizure – Upon delivery of the apprehended items to the Seizure Officers,
the latter shall forthwith verify the existence of a prima facie case against the offender by
examining all the documents submitted to him by the apprehending officer.
7.1.1. The DENR Regional Executive Director (RED) or, in his absence, any
DENR Regional Technical Director actually assigned to the area of apprehension
at the time thereof;
7.1.2. The Provincial Environment and Natural Resources Officer (PENRO) or, in
his absence, any Senior Forest Management Specialist (SFMS) or Senior
Environment Management Specialist (SEMS) actually assigned to the area of
apprehension at the time thereof;
7.1.3. The Community Environment and Natural Resources Officer (CENRO) or,
in his absence, any DENR Officer with the rank of Forester III or Land
Management Officer III (LMO III) actually assigned to the area of apprehension at
the time thereof; and
7.1.4. The Secretary may, from time to time, designate in writing, such other
Officers for the purpose.
7.1.2. The Seizure Officer shall confirm that the item(s) delivered to him strictly coincide
with the itemized list thereof reflected in the documents of apprehension. If such
confirmation cannot be completed within the same day, this shall be explained to those
concerned on-site and reflected in the Seizure Receipt which, in such cases, shall state the
date and time this procedure commenced. In such cases the Seizure Receipt shall be
prominently marked with the word PROVISIONAL. The Provisional Seizure Receipt
shall also state the date, time and place where the uncompleted documentation activity
will resume. This procedure shall be followed each day that the documentation activity
remains incomplete until final completion thereof. In case of variance between the items
so delivered and those reflected in the documents of apprehension, he shall require a
sworn statement from the apprehending officer with a complete, clear and concise
explanation for said variation , which shall form an integral part of the permanent records
of the case.
7.1.2. In verifying the existence of a prima facie case against the offender, the appropriate
DENR Officer shall personally examine the apprehending officer and any witnesses
appearing before him in order to satisfy himself that an offense has been committed, that
the evidence at hand indicates the offender is probably guilty thereof, and the items
delivered to him are the proceeds of the violation. Should a prima facie case against the
offender be thus found, the Seizure Officer shall immediately declare this fact by issuing
a SEIZURE ORDER for the apprehended item(s).
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7.1.3. In case the apprehended conveyance involved is a government vehicle, the
procedure above shall be followed and the vehicle shall be immediately released to the
highest regional office who owned the same, upon acknowledging that the said
conveyance has been used in violation of existing forestry laws, rules and regulations.
7.2.2. HEARING – The DENR Officer who issued the SEIZURE ORDER shall preside
as the Hearing Officer at Confiscation hearings, which shall be recorded and of summary
nature, during which all interested parties shall be heard by themselves and/or through
counsel of choice. Ample opportunity to obtain the services of counsel shall, in all cases,
be provided.
A complete set of the documents supporting the apprehension and seizure as hereinabove
outlined shall be provided to the interested parties at their expense, and who shall be
afforded the opportunity to present controverting evidence.
Although not strictly bound by the technical rules on evidence and procedures, applicable
Rules of Court shall have suppletory application in these proceedings to ensure justice
and equity at all times. In lieu of adducing testimonial evidence, any Party may elect to
submit a Memorandum, attaching Affidavits and any other supporting documents thereto,
with a request that the issues be decided on the basis thereof.
(a) All those apprehended on-site for direct or indirect participation in the commission of
the offense(s) cited had full knowledge of and willingly participated therein;
(b) The registered owner and/or operator/driver of a conveyance used in the commission
of the offense had full knowledge and willingly participated therein by providing the
conveyance for the illegal purpose to which said conveyance was applied. In case the
registered owner of the conveyance is a partnership or corporation, the partners and/or
officers thereof had full knowledge of and granted authorization or issued instructions for
the use or application of the conveyance in the commission of the offense.
81
(c) Any forest products included within Section 2(a) hereof were obtained from an illegal
source.
7.2.4. DECISION – The Decision shall be rendered by the RED upon recommendation of
Hearing Officer. Substantial evidence shall suffice to sustain an administrative Decision
adverse to interested Party(ies), failing which, a ruling shall be issued dismissing the
case, and the controversy deemed closed and ordering that the seized item(s) be returned
forthwith. When the evidence so warrants, a ruling shall be issued declaring the seized
items to be confiscated in favor of the Government, together with recommendations for
further prosecution, if any.
In the absence of compelling reasons, which shall in all cases be stated on the record,
confiscation proceedings shall be terminated within fifteen (15) regular business days
from commencement thereof. A transcript of stenographic notes or minutes taken at these
proceedings shall form part of the permanent records of the case together with the
Decision issued thereon citing the evidence adduced and reasons supporting the ruling.
The Decision shall become final and executory upon the lapse of fifteen (15) regular
business days unless a Motion for Reconsideration is filed as provided below.
7.2.5. MOTION FOR RECONSIDERATION. A party aggrieved by the decision may file
only one (1) Motion for Reconsideration within a non-extendible period of fifteen (15)
calendar days from receipt of the Decision, containing a concise statement of the grounds
relied upon for the purpose. The Hearing Officer shall issue a ruling on such Motion
within fifteen (15) days from receipt hereof, stating the grounds therefore. Unless a
Notice of Appeal is filed by a Party with the Hearing Officer within a non-extendible
period of fifteen (15) calendar days from receipt of a Notice of Appeal, the Hearing
Officer shall transmit the complete records of the case to the Office of the Secretary for
appropriate action.
7.2.6. APPEAL – Within a non-extendible period of fifteen (15) calendar days from
receipt of the ruling upon a Motion for Reconsideration, a Party, after paying the
corresponding Appeal Fee, may file an Appeal with the Office of the Secretary, which
shall contain a concise statement of all the issues of fact and law raised on appeal. Upon
receipt thereof, the Appeal shall be forwarded to the Undersecretary for Legal and
Legislative Affairs, who shall submit his recommendation to the Secretary within a
period of fifteen (15) working days.
7.2.8. EXECUTIVE DECISION. – When a Decision becomes final and executory upon
the lapse of the reglamentary periods herein prescribed, the Undersecretary for Legal and
82
Legislative Affairs shall, motu propio or upon Motion by any Party, issue a Certification
to that effect for submission to the Secretary. The Certification shall cite the item(s)
confiscated in accordance herewith (if any), together with a recommendation for
execution of the Decision.
Verification of prima facie case against the offender by the Seizure Officer
Appeal to the Office of the Secretary at the discretion of the aggrieved party
83
Chapter 8. Protocols in Airports and Seaports
(Scenario: There is a wildlife law enforcement composite team (PNP, Customs (for international
airports/seaports), DA-BFAR, DENR-Wildlife Sector and MIAA/PPA). It is important that the
team shall appoint a team leader.)
8.1.1.2. If positive for wildlife, its derivatives or by-products, call the attention of
officer on duty of the composite team.
8.1.1.4. Apprehend passenger/violator and wildlife goods or items if the latter are
not covered by appropriate permit.
8.1.1.5. If items are live wildlife species, the team must turn over their custody to
WTMU or QO for immediate delivery to the nearest wildlife rescue center or
designated wildlife facility and BFAR depository facility. Said officers shall be
in-charge of the documentation of the apprehension and turn over of custody.
(please see chapter on Apprehension, Seizure and Handling)
a. If items are by-products or derivatives, the BOC shall have the custody,
except for those listed under CITES I Appendix, custody over which is with
DENR.
b. For items turned over to BOC for custody, DENR/DA-BFAR has authority to
monitor the items anytime of the day.
84
d. Airport police, in coordination with the PNP personnel, shall be in charge of
the custody over apprehended person while the investigation and preparation of
documents for filing of case are ongoing.
85
8.1.1. Departure of Passengers carrying Wildlife
Preliminary checkpoint by
security personnel
If negative for wildlife, If positive for wildlife, security personnel must call the
passenger is cleared and attention of officer on duty of the composite team.
may proceed to embarkation.
Composite team must check
accompanying documents.
86
8.1.2. Arrival of passenger carrying wildlife
8.1.2.2.. If luggage is positive for wildlife items, proceed as outlined from 7.1.1.2.
up to 7.1.1.6. under the procedure for departure from international airport.
If negative for wildlife, passenger is If positive for wildlife, call the attention of
cleared and may proceed to exit. officer on duty of the composite team.
87
8.1.3. Arrival of passengers carrying wildlife, based on advance information.
8.1.3.4. Follow and observe the suspect until the baggage is claimed, but never
approach.
8.1.3.5. Allow the suspect to present baggage to custom officer for examination
and wait after the nail coffin questions are asked to establish possession.
8.1.3.6. The composite team shall approach the suspect and explain intent to
conduct search of baggage.
8.1.3.10. WTMU, WEO or quarantine officer shall proceed with the necessary
documentation for case filing, as outlined in the chapter on Apprehension, Seizure
and Handling manual.
8.1.3.11. For prosecution of case, refer to the chapter on Filing and Prosecution.
88
8.1.3. Arrival of Passengers Carrying Wildlife based on Advance Information
The composite team shall wait for the immigration officer to identify
suspect using agreed codes
The composite team shall follow and observe suspect until the baggage
is claimed, but never approach
The composite team shall approach the suspect and explain intent to
conduct search of baggage
89
8.1.4. Outgoing and incoming cargoes (Note: this also applies for international
seaports)
8.1.4.2. If positive for wildlife, inspector must call the attention of WTMU
Officer, or in his absence, the QO for document check.
8.1.4.4. BOC will initiate seizure and detention proceedings. During said
proceedings, BOC shall turn over live wildlife to WTMU officer or QO for
immediate delivery of the wildlife to the nearest wildlife rescue center of
DENR/DA-BFAR. The WTMU officer or QO shall be in charge of the
documentation of the turnover of custody. (see chapter on Apprehension, Seizure
and Handling)
90
8.1.4. Outgoing and Incoming Cargoes in International Airport
and Seaports
91
8.1.5. Incoming Cargoes and there is advance information on transport of wildlife goods
8.1.5.1. Concerned member of the composite team shall provide customs officer
and inspector of the detailed information.
8.1.5.2. Concerned member of the composite team shall secure, if possible, copy
of cargo manifest from airline to get details of the shipment.
8.1.5.3. Composite team shall monitor cargo from airplane to warehouse and
insure cargo is secured.
8.1.5.4. The customs officer shall examine the goods in the presence of the
composite team members.
8.1.5.7. Live wildlife shall be turned over to wildlife rescue center of DENR or
PCSD, or designated wildlife facility or BFAR depository facility, in accordance
with the procedure outlined in the chapter on Apprehension, Seizure and
Handling.
8.1.5.9. For prosecution of case, refer to chapter on Filing and Prosecution in the
manual.
92
8.1.5. Incoming Cargoes and there is advance information on transport of wildlife goods
93
8.1.6. Incoming and Transshipment of cargoes at international seaports and there is
advance information of transport of wildlife goods/derivatives
8.1.6.1. Concerned member of the composite team shall provide customs officer
and inspector of detailed shipment data and request for the issuance of an alert
order by BOC.
8.1.6.2. BOC shall approve and issue the Alert Order within 3 working days upon
receipt of the request.
8.1.6.4. Operatives shall wait for the consignee or importer to file claim of the
cargo.
8.1.6.5. The Customs Officer shall cause the transfer of the cargo to the
Designated Examination Area (DEA) for examination. The examination shall be
conducted in the presence of the composite team.
8.1.6.6. If positive, the Customs Examiner shall make the report and cause the
issuance of Warrant of Seizure and Detention Order immediately after the
examination and issue a notice of hearing.
8.1.6.7. If no importer claims for the cargo within 30 days from date of arrival,
BOC shall declare the cargo as abandoned.
94
8.1.6. Incoming and Transshipment of cargoes at international seaports and there is
advance information of transport of wildlife goods/derivatives
Provide Customs Officer and Inspector detailed shipment data and request from
BOC issuance of alert order.
Approval and issuance of Alert Order by BOC within 3 working days from
receipt of request.
Operatives shall wait for the consignee or importer to file claim of the cargo
If positive for wildlife, Customs Officer shall make the report and cause the
issuance of Warrant of Seizure and Detention Order and Notice of Hearing
immediately after the examination.
If no importer claims the cargo within 30 days from date of arrival, BOC shall
declare the cargo as abandoned.
95
8.2. DOMESTIC AIRPORT AND LOCAL SEAPORT
8.2.1.2.. If positive for wildlife species, their derivatives or by-products, call the
attention of officer on duty of the composite team.
8.2.1.4. The team shall apprehend the items and the passenger/violator, if wildlife
goods are not covered by appropriate permit.
8.2.1.6. The airport/seaport police, in coordination with the PNP personnel, must
be in charge of the custody of the apprehended person while investigation and
preparation of documents for case filing are being done by the WEO/WTMU
officer or QO.
8.2.1.7. WEO/WTMU officer or QO shall initiate the filing of the case in court.
(see chapter on Filing and Prosecution)
96
8.2.1. Departure of Passengers Carrying Wildlife
(Note: Scenario is passenger has checked/inquired with quarantine desk officer to secure the necessary permit)
If positive for wildlife, refer passenger and goods to officer on duty of the
composite team.
The team shall apprehend the passenger/violator and wildlife goods if the latter
are not covered by appropriate permit.
WEO/WTMU officer or QO must initiate the filing of the case. (See chapter on
Filing and Prosecution.)
97
8.2.2. Arrival of passengers carrying wildlife, based on advance information.
8.2.2.1. The composite team shall approach the suspect and explain intent to
conduct search of baggage, based on advance information received from the field.
8.2.2.6. For prosecution of case, refer to the chapter on Filing and Prosecution.
98
8.2.2. Arrival of Passengers Carrying Wildlife, Based on Advance Information
The composite team shall approach the suspect and explain intent to conduct
search of baggage, based on advance information from the field.
The team shall apprehend passenger/violator and wildlife goods if the latter are
not covered by appropriate permit.
WEO/WTMU officer or QO must initiate the filing of the case. (See chapter
on Filing and Prosecution.)
99
8.2.3. Outgoing Cargoes
8.2.3.2. If inspection yields positive for wildlife goods, inspector must call the
attention of WEO/WTMU Officer or QO for document check.
100
8.2.3. Outgoing Cargoes
WTMU officer /
WEO quarantine Initial Inspection by Security Personnel
officer may
conduct random
check of cargoes.
101
8.2.4. Incoming Cargoes and there is advance information on transport of wildlife goods
8.2.4.6. For prosecution of case, refer to chapter on Filing and Prosecution in the
manual.
102
8.2.4. Incoming Cargoes and there is Advance Information on Transport of
Wildlife Goods
8.3.1. The composite team must board the plane for inspection of cargo/shipment.
103
8.3 Chartered Flights (international and domestic) and there is
advance information/tips on hot wildlife, by products or its
derivatives.
Composite team must board the plane for inspection of cargo and shipment.
Apprehend Items IF
DENR / DA-BFAR/PCSD in
coordination with BOC and other
members of the composite team, must
conduct further investigation to
determine details of the case,
particularly the consignee and shipper.
Case filing
DENR / DA-BFAR/PCSD in
coordination with BOC and other
members of the composite team, must
initiate the filing of the case. (See
chapter on Filing and prosecution of
case.
104
Chapter 9. Custody of Seized and Confiscated Wildlife Specimens, By-
products and Derivatives
9.1. The confiscated and seized wildlife specimens, by-products and derivatives shall be placed
in the custody of the DENR Office (CENRO, PENRO. Regional Office/ DENR Rescue Center)/
DA-BFAR Office/PCSDS, as the case may be.
9.2. The disposition of the confiscated and seized wildlife specimens, by-products and
derivatives under the custody of the DENR shall be in accordance with DENR DAO No. 97-17
and, in the case of DA-BFAR and PCSD, in accordance with their existing rules and regulations.
9.3. Live wildlife specimens confiscated and seized at international airports and seaports shall be
turned over to DENR/DA-BFAR/PCSD, as the case may be, in accordance with the procedure
outlined in the manual.
9.4. Wildlife by-products and derivatives confiscated and seized at the international airports and
seaports shall be under the custody of BOC except for by-products and derivatives listed under
CITES 1 Appendix, which shall be under the custody of DENR-PAWB.
9.4.1. By-products and derivative placed under the custody of the BOC shall be subject to
monitoring by the DENR/DA-BFAR/PCSD.
9.5. Confiscated wildlife which are subject of judicial proceedings shall not be disposed of unless
proper authority for their disposition is obtained from the court where the case is filed.
105
BOOK 3
Wildlife Law Enforcement Manual Forms
106
FORM NO. 1
Date
Dear _________________________:
WHAT: ____________________________________________________
WHO: _____________________________________________________
Relative to this, may we respectfully request for certification whether the above-named
person/institution is authorized to collect, posses, trade, and/or transport the above-
mentioned wildlife pursuant to RA 9147 and its implementing rules and regulations.
________________________
Wildlife Enforcement Officer
107
FORM NO. 1-A
CERTIFICATION
TO WHOM IT MAY CONCERN:
This further certifies that the following wild animals are among the species covered
under the aforesaid legal instruments:
SPECIES
Common Name Scientific Name
__________________________
Regional Executive Director
(Issuing Officer)
108
FORM NO. 1-B
CERTIFICATION
This further certifies that the wild animals seized/confiscated from the said person by a
joint team from the National Bureau of Investigation and this Office on
_____________________ at ________________________ are categorized as follows:
SPECIES CATEGORY
Common Name Scientific Name Quantity
__________________________
Regional Executive Director
(Issuing Officer)
109
FORM NO. 1-C
CERTIFICATION
TO WHOM IT MAY CONCERN:
This is to certify that based on our official records to date, the following wild fauna
species seized/confiscated by a joint team from the National Bureau of Investigation and this
Office on _____________________at _________________________________ from
Mr./Ms./Mrs. _____________________________________, with given address at
________________________________________________________, are not covered by any
permit issued by the (concerned DENR Regional Office).
SPECIES Category
Common Name Scientific Name Quantity
__________________________
Regional Executive Director
(Issuing Officer)
110
FORM NO. 2
CONFIDENTIAL
FOR: ____________________________________________________________
FROM: ___________________________________________________________
SUBJECT: ________________________________________________________
DATE: ___________________________________________________________
________________________________________________________________
INVESTIGATION REPORT
(5 Ws + H)
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
____________________________________________________________________
In view hereof, we are respectfully requesting that search warrant be applied for
regarding this matter.
________________________________
Wildlife Enforcement Officer (WEO)
111
FORM NO. 3
TRANSMITTAL SHEET
TO: ____________________________________________________________
FROM: __________________________________________________________
SUBJECT: _______________________________________________________
DATE: __________________________________________________________
________________________________________________________________
1. _________________________________________________
2. _________________________________________________
3. _________________________________________________
4. _________________________________________________
5. _________________________________________________
6. _________________________________________________
7. _________________________________________________
8. _________________________________________________
9. _________________________________________________
10. _________________________________________________
__________________________________
Printed Name and Signature
Received by:
_____________________________
Printed Name and Signature
Date: _________________________
Time: _________________________
112
FORM NO. 4
BOARDING CERTIFICATE
1. ___________________________________________
2. ___________________________________________
3. ___________________________________________
4. ___________________________________________
5. ___________________________________________
Remarks:
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________
Date: _____________________________
Certified by:
__________________________________
Boarding Officer/Designation
Copy Furnished:
__________________________________
Ship Captain and/or Chief Mate
113
FORM NO. 5
Question: Please state your name, age, address, and other personal circumstances.
Answer: I am _________(NAME OF WITNESS) , of legal age, Filipino
and presently assigned at the Environment and Wildlife Protection Investigation
Division, Special Investigation Services (EAWPID-SIS), National Bureau of
Investigation, Taft Avenue, Manila
Q: What is your position at the Environment and Wildlife Protection Investigation Division,
Special Investigation Services (EAWPID-SIS) NBI?
A: I am (state position)_
Q: On (state date of incident), was there anything unusual that happened in your office?
A: I received a memo order from my superior to go to Cartimar market, visit the pet shops and
check the animals that are being sold there.
114
Q: Upon entering the store, what did you see, if any?
A: I saw at the corner of the store a cage that contains five Palawan talking mynah.
Q: How do you know that the birds were Palawan talking mynah?
A: I attended a species identification seminar given by PAWB and we were shown pictures of
these species. We also have a copy of the pictures of the endangered species that are usual
subject of illegal trade.
______________________
Affiant
Subscribed and sworn to before me this (date affiant takes his/her oath) at (place where
affiant takes his/her oath).
_________________________________
Notary Public/ Prosecutor
115
FORM NO. 6
Question: Please state your name, age, address, and other personal circumstances:
Answer: I am _________(NAME OF ARRESTING OFFICER) , of legal
age, Filipino and presently assigned at the Environment and Wildlife Protection
Investigation Division, Special Investigation Services (EAWPID-SIS), National
Bureau of Investigation, Taft Avenue, Manila
Q: What is your position at the Environment and Wildlife Protection Investigation Division,
Special Investigation Services (EAWPID-SIS) NBI?
A: I am (state position)
Q: On (state date of incident), was there anything unusual that happened in your office?
A: We received a report/complaint of (state the act/s that is/are violation of RA 9147) or we
received an order from our (name of superior) to go to (state place) to (state purpose of the
order)
Q: What did you do when you received the authorization from your immediate superior?
A: I, together with (state name of persons included in the authorization memo/order) went to
(state place where the reported violation is located)
Q: What time did you arrive at the place where the reported violation is located?
A: Around (state time)
116
Q: What did you do upon arriving at the said place?
A: I entered the store that was reported to be holding the (state the reported species) and
pretended that I was a customer. While doing so, I saw the (state species) that was reported to
be being sold or possessed illegally.
Q: After reading and explaining the MIRANDA Rights, what happened next if any?
A: I instructed my (state name of partner) to tag the cages where the illegally possessed species
are kept, conduct the proper inventory by filling up the inventory forms, and based thereon
fill up the wildlife apprehension/seizure receipt form.
Q: After the owner of the store signed the receiving copy of the apprehension receipt, what
happened next, if any?
A: We left the place, together with the owner of the store whom we arrested. I divided the tasks
with my partner. I, together with the owner of the store, went back to our office in NBI, while
I instructed my partner to bring the apprehended species to Ninoy Aquino Parks and Wildlife
Center for their proper turnover to Protected Areas Wildlife Bureau.
117
Q: Why are you executing this affidavit?
A: To narrate the events that transpired on (date of incident) that lead to the arrest of the
defendant.
______________________
Affiant
Subscribed and sworn to before me this (date affiant takes his/her oath) at (place where
affiant takes his/her oath).
_________________________________
Notary Public/ Prosecutor
118
FORM NO. 7
Date: ___________
Sir/Madam:
____________________________ ______________________________
(Place of Apprehension) (Date and Time)
OFFENSE/S:
________________________________________________________________________
______________________________________________________________________________
__________________________________________________________________
Place of Commission of Offense/s: _______________________________________________
2. ________________________________ _______________________________
119
FORM NO. 8
INVENTORY SHEET
Location: _______________________________________
1. ________________________________ 1.__________________________________
2._________________________________ 2. _________________________________
120
FORM NO. 9
7. Conveyance 8. Description
9. ORIGIN
10. VIOLATION OF (specify law):
1. _________________________________ 4. _____________________________
2. _________________________________ 5. ______________________________
3. _________________________________ 6. ______________________________
121
13. RECEIVED COPY BY:
NAME :
ADDRESS:
11. REMARKS
122
FORM NO. 10
Place of Apprehension/Seizure
Apprehended/Seized by
Sitio/Barangay/Stall
City/Municipality Province and Date
No./Market
Note: “Apprehended from section” should contain information from the apprehension receipt.
123
FORM NO. 11
TURNOVER RECEIPT
The In-charge
________________________.
________________________.
________________________.
Turnover by:
_____________________________ ____________________________________
Apprehending Officer Apprehending Officer
ACCEPTANCE RECEIPT
124
Republic of the Philippines
PROTECTED AREAS AND WILDLIE BUREAU
Ninoy Aquino Parks and Wildlife Center
Quezon Avenue, Diliman, Quezon City
Tel. (632) 9246031 to 35
Fax: (632) 9240109
C E R T I F I C A T I O N
This is to certify that the following wild animals, which were apprehended/seized
by a joint team from the National Bureau of Investigation and the DENR-National
Capital Region at _______________________, on _______________________ from
_______________________________, are categorized as follows:
SPECIES CATEGORY
Common Name Scientific Name Quantity
The collection, transport, possession and/or trade of the said species, including
its eggs, by-products and/or derivatives require permit from the Department of
Environment and Natural Resources (DENR) and/or the Palawan Council for
Sustainable Development (PCSD) pursuant to RA 9147.
This further certifies that the said species and quantity of wild animals were
turned-over to this Bureau by the DENR-NCR on ______________________ and are
presently under the custody of this Bureau’s Wildlife Rescue Center.
Issued this _____ day of _______ at PAWB, Quezon Avenue, Diliman, Quezon
City, Philippines.
________________________
Director
(Issuing Officer)
125
FORM NO. 12
CRIMINAL COMPLAINT
The undersigned (authorized DENR officer), under oath, accuses ( name of accused )
for violation of (Section 27 ( ) of RA 9147) committed as follows:
CONTRARY TO LAW,
____________________
(Authorized DENR officer)
______________________
Administering Officer
Witnesses:
1. _______________________
2. _______________________
126
Attachments:
1. Affidavit of Arresting officer
2. Affidavit of witnesses
3. Seizure receipt
4. Appropriate certifications
5. Inventory
6. Photos duly certified
7. Booking sheet
127
FORM NO. 13
REFERRAL LETTER
Date
1.
The Chief State Prosecutor
Department of Justice
Manila
2.
The Provincial Prosecutor
Department of Justice
Province of ___________
3.
The City Prosecutor
Department of Justice
City of _______________
Dear Sir/Madam:
Respectfully referred to your office for appropriate preliminary investigation the herein attached
affidavit complaint in relation to violation of Section 27 (__) RA 9147 and other pertinent
documents.
Thank you.
_______________________
(Head of office)
128
Form No. 14
CONFIDENTIAL
TO: ____________________________________________________________
FROM: __________________________________________________________
SUBJECT: _______________________________________________________
DATE: __________________________________________________________
________________________________________________________________
________________________________
Wildlife Enforcement Officer (WEO)
129
ANNEX 1
List and Pictures of Threatened Species
(Wild Fauna)
ANNEX 1
List of Threatened Species [Wild Fauna]- DENR Administrative Order No. 2004-15
MAMMALS
species.wikimedia.org
www.birdwatch.ph
Photo: Bird life International Photo: Bird life International Photo: Bird life International
REPTILES
MAMMALS
Photo: R.Cox
Photo: Bird life International Photo: Bird life International Photo: Bird life International
REPTILES
AMPHIBIANS
C. Vulnerable Species
MAMMALS
www.mammalogy.org
ational
Photo: Bird life International Photo: Bird life International Photo: Bird life International
AMPHIBIANS
MAMMALS
BIRDS AMPHIBIANS
Pursuant to Section 22 of Republic Act No. 9147, otherwise known as the "Wildlife Resources
t Conservation and Protection Act", the National List of Threatened Philippine Plants and their
categories, and the List of Other Wildlife Species are hereby established.
Section 1. Definition of Tenns. As defined in Section 5 of RA 9147, and Section 1 of DAO No.
2004-15, the following terms shall mean as follows:
1. -
Common name refers to the adopted name of a species as is widely used in the
country; may be based on English or other foreign name, or Tagalog name, or when no
local or vernacular name is available is derived from the meaning of its scientific name; ;
I 3.
formae or other infraspecific categories;
4. -
Other Threatened Specles refers to a species or subspecies that is not critically
endangered, endangered nor vulnerable but Is under threat from adverse factors, such
as over cbllection, throughout its range and is likely to move to the vulnerable category in
the nedt future. This shall include varieties, formae or other infraspecific categories;
'i
5. Other Wlldllfe species - refers to non-threatened species of plants that have the
tendency to become threatened due to destruction of habitat or other similar causes as
may be listed by the Secretary upon the recommendation of the National Wildlife
Management Committee. This shall include varieties, formae or other infraspecific
categories;
7. -
Subspecies refers to a taxonomic subdivislon of a species; a population of a particular
region genetically distinguishable from other such populations and capable of
interbreeding with them;
8. Threatened Species
- - .--. ,-
consiaerea
-1- &iaiiy
-I
- isendaws*ed,
a general term to denote species or subspecies that is
."iii"a.b;s.
e-Aanaer&, Of"sP ecwiiieJ
categories of wildlife whose populations are at risk of extinction. This shall include
varieties, forrnae or other infraspecific categories;
k
9. Varieties - refers to geographically isolated populations that differ M m one another by
fewer characters than do species of the same genus and can be demonstrated to have
some degree of Inferti!i!y;
10. Vulnerable Species - refers to a species or subspecies that is not critically endangered
nor endangered but is under threat from adverse factors throughout its range and is
likely to move to the endangered category in the future. This shall include varieties,
formae or other infraspecific categories; and,
11. Wildlife - means wild forms and varieties of flora and fauna, in all developmental stages,
including those which are in captivity or are being bred or propagated.
DRYOPTERIDACEAE CtenitiSr;paleolataCopel.
MELIACEAE Aglaiam
o
srfpiy7i Merr. Kanining-peneras
Toona calantas Merr. & Rolfe Kalantas
ERICACEAE .
Rhododqndmn
.
subsessile Rendle Ausip
Asplenium nidus L.
Asplenium vittaeforme Cav.
RUTACEAE Zanthoxylum i n t e ~ h l i o l u m
(Merr.) Merr. Salai
Section 4. Interpretation. In case of conflict between the scientific name and the common name
in the actual application, the scientific name shall be the controlling interpretation.
Section 5. Species under more than one category. In case of conflict between the enumeration
of species on this Order and the CITES Appendices, the listing in this Order shall prevail. However,
for conservation purposes other than the application of penalties under Section 28 of Republic Act
No. 9147, the higher category shall apply.
/P/
*
Section 6. Review and Updating of the List. The Secretary, in consultation with scientific
authorities, the academe and the other stakeholders, shall regularly review and update, as the
need arises the herein list of threatened plants. Provided that the species listed as threatened
shall not be removed therefrom within three years following its initial listing.
Section 7. Collection of Plants and/or By-products and Derivatives. The collection of plants
listed under this Order andlor their by-products and derivatives shall be allowed only for scientific
or propagation purposes in accordance with Section 23 of RA 9147 and its Implementing Rules
and Regulations. Provided, that only the accredited individuals, business, research, educational or
scientific entities shall be allowed to collect for scientific or propagation purposes only.
Section 8. Illegal Acts. It shall be unlawful for any person, group or entity to collect andlor trade
the species listed hereof, unless such acts are covered by a permit granted by the DENR pursuant
to Section 17 of RA 9147 and its Implementing Rules and Regulations and Sections 4 and 5 of
r DAO NO.2004-55.
cd.'
ANGEL T. REYES
Secretary
ANGELOT. RE
Secretary
&amRep&dOFheth T"x
mlrrruRUrsswRas
Let's Go Green
ANNEX 2
List of Threatened Species [Wild Flora] –DENR Administrative Order No. 2007-1
B. Endangered Species
Majority of the photos of flora used in this manual are courtesy of the late Mr. Leonard Co.
ANNEX 3
International Conventions
ANNEX 3
International Conventions
3.1. Convention on International Trade in Endangered Species of Wild Fauna and Flora
(CITES)
CITES is an
international agreement
that aims to ensure that
international trade in
specimens of wild
animals and plants does
not threaten their
survival. Many wildlife
species in trade are not
endangered. The
agreement ensures that
the sustainability of the
trade is addressed in
order to safeguard these
resources for the future.
CITES is legally
binding on the Parties,
in other words they
have to implement the
Convention, but it does
not take the place of
national laws. Rather it
provides a framework
to be respected by each
Party, which has to
adopt its own domestic
legislation to ensure
that CITES is implemented at the national level.
Each Party is required to submit an annual report (or a coordinated annual report by Parties
with multiple Management Authorities) on its CITES trade every 31 October following a
standard format, and a biennial report on legislative, regulatory and administrative measures
taken to enforce the Convention.
The CITES Trust Fund finances the Secretariat, the CoP and its subsidiary bodies. It is
replenished from contributions from the Parties based on the United Nations scale of assessment,
adjusted to take account of the fact that not all members of the United Nations are Parties to the
Convention.
3.2. Convention on Biological Diversity
The CMS or Bonn Convention is an intergovernmental treaty that aims to conserve terrestrial, marine
and avian migratory species and their habitats throughout their range. Migratory species threatened with
extinction are listed on Appendix I while those that need or would benefit from international cooperation
are listed in Appendix II of the Convention.
The CMS promotes concerted action among the Range States of many of these species. For this
reason, the Convention encourages the Range States to conclude global or regional Agreements.
The CMS is legally binding on the Parties, in other words Parties have to implement the Convention,
but it does not take the place of national laws. Rather it provides a framework to be respected by each
Party, which has to adopt its own domestic legislation to ensure that the Convention is implemented at the
national level. Parties may also enter into a legally binding treaty called Agreement or a less formal
instrument, such as Memoranda of Understanding, which can be adapted to the requirements of particular
regions.
Several CMS Agreements have been concluded, namely:
PAWB-DENR
Ramsar Administrative Olango Island
Authority Wildlife Sanctuary*
*Wetlands of international
Naujan Lake National
Scientific and Technical Park*
Review Panel Focal
Point
Agusan Marsh
Wildlife Sanctuary*
Communications,
Education and Public Tubbataha Reefs
Awareness Focal Point National Marine Park*
ANNEX 4
List of Forms/Permits
ANNEX 4
List of Forms/Permits
Attach
2 X 2 photo
Republic of the Philippines
Department of Environment and Natural Resources
Region________________
APPLICATION FORM
(Submit in duplicate)
NEW
RENEWAL
_________________________
(Date)
S i r,
Kind/Species No.
__________________________________________________ ______
__________________________________________________ ______
__________________________________________________ ______
__________________________________________________ ______
__________________________________________________ ______
(Attach additional sheet, if necessary)
9. I understand that the information stated in this application are true and
correct any omission of facts herein shall cause the disapproval of this
application and/or cancellation of the permit that may be issued to me.
10. I understand that the filing of this application conveys no right to take,
collect or possess any wildlife until a permit is issued to me by the DENR;
_____________________________
(Signature of applicant)
____________________________
(Address)
____________________________
Officer authorized to administer oath
Printed Name & Signature
____________________________
(Official designation)
DOCUMENT B
SPECIES QUANTITY
_________________ _______________
_________________ _______________
_________________ _______________
5. Collected wild fauna and flora shall be strictly quarantined for at least
two (2) weeks. They should be negative of/cleared for any
communicable diseases by a government licensed veterinarian before
transport to the permittee’s facility;
12. The Permittee shall comply with other provisions of R.A. 9147 which
may be appropriate but were not included in this Permit;
13. Any fraudulent act or violation of any of the terms and conditions
herein set forth shall be a sufficient ground for the cancellation of this
permit and to deny succeeding request for a Wildlife Special Use
Permit;
14. This permit is non-transferrable and shall be valid for a period of one
(1) year from issuance hereof. This permit may be renewed for the like
period upon satisfactory compliance of the permittee with the terms
and conditions in this permit; and,
APPROVED BY:
_______________________
Regional Executive Director/Director, PAWB
DOCUMENT C
PRODUCTION REPORT
(CWR Form 03)
From______ to________
Accredited
Name of Species Stocks Progenies Mortalities Remarks
Common Name/Scientific Name (No.) No. Date No. Date
Total
MORTALITY REPORT
(CWR Form 04)
From________ to _______
Accredited
Name of Species Mortalities Necropsy
Stocks Remarks
Common Name/Scientific Name Report
(No.) No. Date
Total
ACQUISITION REPORT
(CWR Form 02)
From ______to _________
Total
Accredited Progenies
Common Mode of Date Remarks
Name Scientific Name Stocks No. Date Acquisition
(No)
Total
Attach
2 X 2 photo
__________________
(Region)
(Submit in duplicate)
_________________
(Date)
Sir :
9. I understand that the filing of this application conveys no right to take, collect
or possess any wildlife until a permit is issued to me by the DENR.
10. The application fee in the amount of___________ made payable to the
Regional Director of DENR Region__________ with Official Receipt
No._____________ is herewith enclosed. Non-approval or non-issuance of
the permit does not entitle me to a refund of the fee.
____________________
(Signature of applicant)
TIN_________________
___________________________
(Address)
__________________________________
______________________________
Official designation
DOCUMENT H
Wildlife Special Use
Permit No. ______
DENR Region ______
Holder: ___________________
___________________
___________________
___________________
1. The Permittee shall only exhibit the kind/species and quantity of flora listed in
annex “A” hereof;
3. Prior to the transport/transfer of the subject flora from the place of origin to the
exhibit area and vice versa, the Permittee shall secure a Local Transport
Permit from the Community Environment and Natural Resources Office
nearest the place of origin of the flora for exhibition;
4. The Permittee shall allow complete access to the venue/exhibit area and flora
for monitoring purposes;
5. The Permittee shall comply with other provisions of Republic Act 9147 and its
implementing rules and regulations which may be appropriate but were not
included in this Permit;
6. This Permit is non-transferable and shall be in full force and effect from
________ to _______ unless sooner revoked or cancelled for non-
compliance and/or violation of any of the terms and conditions herein
specified;
7. Deliberate disregard or violation of any of the terms and conditions herein set
forth shall result to automatic cancellation of this permit and confiscation of
the flora being exhibited in favor of the DENR without prejudice to the
application of other measures as provided for under Republic Act 9147 and
other appropriate and applicable laws, rules and regulations;
8. The original copy of this Permit shall be surrendered to __________ (DENR
Region) upon expiration.
Approved By:
_______________________
Regional Executive Director
DENR Region ____
Wildlife Special Use
Permit No. ______
DENR Region ______
Holder: ___________________
___________________
___________________
___________________
3. The Permittee shall ensure the safety and proper maintenance of the
animal(s) in its facilities, observe hygiene and strict quarantine
procedure and assume full responsibility and accountability over any
disease outbreak or epidemic that might arise or originate from its
facility. The temporary holding facilities (cages/enclosures) of the
animal(s) must be in conformity with the standards prescribed under
Republic Act 8485 (Animal Welfare Act);
4. The Permittee shall allow authorized DENR and other relevant
Government personnel complete access to the holding
facility/venue/exhibit area of the animal(s) for monitoring purposes. The
Permittee shall present this Permit upon demand by any authorized
DENR personnel/enforcement officer for information purposes;
7. The Permittee shall comply with other provisions of Republic Act 9147
and Republic Act 8485 and their implementing rules and regulations,
as applicable and appropriate;
8. This Permit is non-transferable and shall be in full force and effect from
________ to _______ unless sooner revoked or cancelled for non-
compliance and/or violation of any of the terms and conditions herein
specified;
10. The original copy of this Permit shall be surrendered to the issuing
DENR Office upon expiration.
Approved By:
Wildlife Transport
Permit No.:_____
x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-
-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x
This Permit is not valid without the dry seal of the signing officer or if it
contains erasure or alterations.
______________________________________
DENR REGIONAL OFFICE/PENRO CENRO
DOCUMENT J
________________________
Date
Kind/Species Quantity
______________________________ __________________________
______________________________ __________________________
______________________________ __________________________
______________________________ __________________________
The inspection was made in the presence of_______________________
__________________________________________ at the above address.
_________________________________ __________________________
(Signature of witness) (Inspecting Officer)
CERTIFICATE OF CONCURRENCE
This is to certify further that this statement was given me voluntarily and
with neither coercion nor promise of reward from the personnel of the
Department of Environment and Natural Resources.
__________________________
Signature
DOCUMENT K
Republic of the Philippines
Department of Environment and Natural Resources
PROTECTED AREAS AND WILDLIFE BUREAU
Quezon Avenue, Diliman, Quezon City
Tel No: 924-6031
___________________
Date
PAWB Form No. 1
Series of 2010
The Director
Protected Areas and Wildlife Bureau
Visayas Avenue, Diliman, Quezon City
Sir/Madam:
I would like to request for the inspection and issuance of permit/certification for
the following species/items/articles of wildlife (fauna/flora) intended for Export Re-
export for ____________________________________ purposes.
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
_______________________________________________________________________________
TOTAL:
_____________________________ ________________________________
Signature of Applicant Inspected/Verified By:
________________________________
Position
DOCUMENT L
___________________
Date
PAWB Form No. 2
Series of 2009
The Director
Protected Areas and Wildlife Bureau
Visayas Avenue, Diliman, Quezon City
Sir/Madam:
I would like to request for the issuance of permit/certification for the following
species/items/articles of wildlife (fauna/flora) intended for import for
_______________________ purposes:
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
TOTAL:
_____________________________ ________________________________
Signature of Applicant Inspected/Verified By:
________________________________
Position
DOCUMENT M
DOCUMENT N
DOCUMENT O
DOCUMENT P
DOCUMENT Q
DOCUMENT R
DOCUMENT S
DOCUMENT T
ANNEX 5
Rules of Procedure for Environmental
Cases
Rules of Procedure for Environmental Cases 1
ME COU
RE
UP R
T
S
RE PU
N ES
PI
BL
BATA
IC S A T BAYAN
IP
OF IL
T HE PH
RULES OF PROCEDURE
FOR ENVIRONMENTAL CASES
EFFECTIVE APRIL 29, 2010
MANILA, PHILIPPINES
APRIL 2010
2 A.M. No. 09-6-8-SC
Rules of Procedure for Environmental Cases 3
Table of Contents
Page
Resolution ..................................................................... 5
PART I
PART II
CIVIL PROCEDURE
PART III
SPECIAL CIVIL ACTIONS
PART IV
CRIMINAL PROCEDURE
3
4 A.M. No. 09-6-8-SC
PART V
EVIDENCE
ME COU
RE
UP R
T
S
RE PU
N ES
PI
BL
BATA
IC S A T BAYAN
IP
OF IL
T HE PH
EN BANC
RESOLUTION
REYNATO S. PUNO
Chief Justice
5
6 A.M. No. 09-6-8-SC
(on leave)
CONCHITA CARPIO MORALES PRESBITERO J. VELASCO, JR.
Associate Justice Associate Justice
PART I
RULE 1
GENERAL PROVISIONS
7
8 A.M. No. 09-6-8-SC
PART II
CIVIL PROCEDURE
RULE 2
RULE 3
PRE-TRIAL
Failure to file the pre-trial brief shall have the same effect as
failure to appear at the pre-trial.
SEC. 3. Referral to mediation.—At the start of the pre-trial
conference, the court shall inquire from the parties if they have
settled the dispute; otherwise, the court shall immediately refer the
parties or their counsel, if authorized by their clients, to the Philippine
Mediation Center (PMC) unit for purposes of mediation. If not
available, the court shall refer the case to the clerk of court or legal
researcher for mediation.
Mediation must be conducted within a non-extendible period
of thirty (30) days from receipt of notice of referral to mediation.
The mediation report must be submitted within ten (10) days
from the expiration of the 30-day period.
SEC. 4. Preliminary conference.—If mediation fails, the court
will schedule the continuance of the pre-trial. Before the scheduled
date of continuance, the court may refer the case to the branch clerk
of court for a preliminary conference for the following purposes:
(a) To assist the parties in reaching a settlement;
(b) To mark the documents or exhibits to be presented by the
parties and copies thereof to be attached to the records
after comparison with the originals;
(c) To ascertain from the parties the undisputed facts and
admissions on the genuineness and due execution of the
documents marked as exhibits;
(d) To require the parties to submit the depositions taken
under Rule 23 of the Rules of Court, the answers to
written interrogatories under Rule 25, and the answers to
request for admissions by the adverse party under Rule
26;
(e) To require the production of documents or things requested
by a party under Rule 27 and the results of the physical
and mental examination of persons under Rule 28;
(f) To consider such other matters as may aid in its prompt
disposition;
Rules of Procedure for Environmental Cases 17
RULE 4
TRIAL
RULE 5
RULE 6
PART III
SPECIAL CIVIL ACTIONS
RULE 7
WRIT OF KALIKASAN
RULE 8
PART IV
CRIMINAL PROCEDURE
RULE 9
PROSECUTION OF OFFENSES
SECTION 1. Who may file.—Any offended party, peace officer
or any public officer charged with the enforcement of an
environmental law may file a complaint before the proper officer in
accordance with the Rules of Court.
30 A.M. No. 09-6-8-SC
RULE 10
RULE 11
ARREST
RULE 12
RULE 13
PROVISIONAL REMEDIES
RULE 15
RULE 16
PRE-TRIAL
RULE 17
TRIAL
RULE 18
SUBSIDIARY LIABILITY
RULE 19
stifle any legal recourse that any person, institution or the government
has taken or may take in the enforcement of environmental laws,
protection of the environment or assertion of environmental rights.
If the court denies the motion, the court shall immediately
proceed with the arraignment of the accused.
PART V
EVIDENCE
RULE 20
PRECAUTIONARY PRINCIPLE
RULE 21
DOCUMENTARY EVIDENCE
RULE 22
FINAL PROVISIONS
SUB-COMMITTEE ON
THE RULES OF PROCEDURE FOR
ENVIRONMENTAL CASES
Chairperson
CHIEF JUSTICE REYNATO S. PUNO
Members
JUSTICE PRESBITERO J. VELASCO, JR.
JUSTICE DIOSDADO M. PERALTA
JUSTICE LUCAS P. BERSAMIN
JUSTICE MA. ALICIA AUSTRIA-MARTINEZ (RET.)
COMMISSIONER MARY ANN LUCILLE L. SERING
JUDGE MYRNA LIM-VERANO
ATTY. ASIS G. PEREZ
Secretary
ATTY. ABIGAIL T. SZE
Asst. Secretary
ATTY. FERMIN NESTOR A. GADRINAB
Secretariat
ATTY. MARIA CAMILLE G. LANTION
JAMES CHRISTIAN A. BITANGA, ESQ.
MS. LIDA A. PILAPIL
MS. CLARITA T. ESCARDA
ANNEX 6
Additional Rules of Engagement for
Warrantless Arrest under Rule 113 of the
Rules of Court
ANNEX 6
Additional Rules of Engagement for Warrantless Arrest under
Rule 113 of the Rules of Court:
To be present and defend in person and by counsel at every stage of the proceedings, from
arraignment to promulgation of the judgment.
To testify as a witness in his own behalf but subject to cross-examination on matters covered
by direct examination. His silence shall not in any manner prejudice him.
To have compulsory process issued to secure the attendance of witnesses and production of
other evidence in his behalf.
To appeal in all cases allowed and in the manner prescribed by law. (1a)”
ANNEX 8
Recommended Personal Protective
Equipment (PPE) for Personnel/Wildlife
Enforcement Officer Handling Wildlife
Species/Specimens
ANNEX 8
Recommended Personal Protective Equipment (PPE) for Personnel/Wildlife Enforcement
Officer Handling Wildlife Species/Specimens
A. Birds.
1. PPE may include:
1.1. disposable total body coverall with hood, elastic wrists, and booties
1.2. face shields and anti-fog goggles
1.3. latex gloves worn under heavy rubber gloves
1.4. disposable filter respirator
1.5. hearing protection if noise levels exceed 85 decibels
2. Health Hazards associated with handling of live birds and/or live bird specimens:
2.1 Psittacosis, histoplasmosis, and other avian diseases, bird flu
2.2 Bites, scratches, and excessive noise
B. Live Coral.
1. PPE may include
1.1. tear resistant gloves
C. Dead Coral
1. PPE may include
1.1. leather gloves
G. Nonhuman Primates
1. PPE may include:
1.1. disposable total body coverall with hood, elastic wrists, and booties
1.2. face shields or anti-fog goggles
1.3. latex gloves worn under tear resistant gloves
1.4. disposable filter respirator
1.5. hearing protection if noise levels exceed 85 decibels
H. Poisoned Carcasses
.
1. PPE may include:
1.1. disposable total body coverall with hood, elastic wrists, and booties
1.2. non-disposable full-face, silicone respirator, with disposable
HEPA/OV/pesticide/acid gas cartridges
1.3. latex gloves worn under tear resistant gloves
I. Poisonous Arthropods
1. PPE may include
1.1. leather gloves
2. Hazards associated with handling or inspecting live poisonous arthropods are
2.1. bites, stings, and urticating hairs
L. Handicraft Shipments
Handicraft shipments include all types of primitive or native works of art. These items
may be composed of any wildlife product including skulls, teeth, and skins
1. PPE may include:
1.1. disposable total body coverall with hood, elastic wrists, and booties
1.2. latex gloves worn under heavy rubber gloves
1.3. disposable filter respirator
2. The hazards associated with this type of shipment include residual biological material from
untreated items, fumigants or pesticides, and infective bacterial diseases (i.e., anthrax).
M. Trophy Shipments
1. PPE may include:
1.1. disposable total body coverall with hood, elastic wrists, and booties
1.2. face shield or anti-fog goggles
1.3. latex gloves worn under tear resistant gloves
1.4. filter respirator
2. Hazards include
2.1. release of fumigants and pesticides during the opening of shipping containers and
may continually be emitted, resulting in a hazardous atmosphere
2.2. risk of physical injuries
2.. Unfinished shipments that consist of wildlife parts and products may contain raw meat, tissue,
blood, and untreated or incorrectly treated taxidermy items. Hazards associated with unfinished
shipments include
2.1. residual biological material, fumigants, pesticides, and infectious agents.
Adapted from Program Guidance for Specific Wildlife Handling and Inspection Activities
(http.gov.fws/policy/e1241fw9.html)
ANNEX 9
Checklist of Offenses under the Wildlife
Resources Conservation and Protection Act
ANNEX 9
Checklist of Offenses under the Wildlife Resources
Conservation and Protection Act
Below is a checklist for each offense under the Wildlife Resources Conservation and Protection
Act. Note that a tick in the NO column automatically removes the act being investigated from
those punishable under RA 9147.
Elements Yes No
a. Wildlife species is listed as CRITICAL or ENDANGERED or
VULNERABLE, or OTHER THREATENED SPECIES or OTHER
WILDLIFE SPECIES. (please encircle one)
b. Wildlife is NOT afflicted with an incurable communicable disease as
certified by a licensed veterinarian.
c. Wildlife was NOT suffering from any illness as certified by a licensed
veterinarian.
d. Wildlife was NOT posing any threat to the life and limb of the killer as
testified to in an affidavit of an eyewitness
e. Wildlife was NOT a subject of research or experiment as certified to
by the wildlife sector of the concerned DENR office.
Elements Yes No
a. Wildlife species is NOT classified as threatened (critically
endangered, endangered, vulnerable or other accepted
categories whose population is at risk of extinction)
Elements Yes No
a. There is dumping of waste products.
b. Waste products are detrimental to the wildlife found or living in the
area where wastes are dumped, as certified by a licensed veterinarian or
biologist.
c. Area where the waste products are dumped is a critical habitat in
accordance with RA 7586 or the NIPAS Act, or designated as such in
accordance with Section 25 of RA 9147, as certified by the Protected
Area and Wildlife Sector of the concerned DENR office.
Elements Yes No
a. Offender is squatting or occupying an area.
b. The area occupied, whether whole or a portion thereof, is a critical
habitat in accordance with RA 7586 or the NIPAS act, or designated as
such in accordance with Section 25 of RA 9147, as certified by the
Protected Area and Wildlife Sector of the concerned DENR office.
Elements Yes No
a. There is mineral exploration and/or extraction in a particular area.
b. The area being mined or explored for minerals, is a critical habitat in
accordance with RA 7586 or the NIPAS Act or designated as such in
accordance with Section 25 of RA 9147, as certified by the Protected
Area and Wildlife Sector of the concerned DENR office.
Elements Yes No
a. There is burning.
b. The area burned is a critical habitat in accordance with RA 7586 or the
NIPAS Act or designated as such in accordance with Section 25 of RA
9147, as certified by the Protected Area and Wildlife Sector of the
concerned DENR office.
Elements Yes No
a. There is logging in an area.
b. The area being logged is a critical habitat in accordance with RA 7586
or the NIPAS Act or designated as such in accordance with Section 25 of
RA 9147, as certified by the Protected Area and Wildlife Sector of the
concerned DENR office.
Elements Yes No
a. There is quarrying in an area.
b. The area of quarrying is a critical habitat in accordance with RA 7586
or the NIPAS Act or designated as such in accordance with Section 25 of
RA 9147, as certified by the Protected Area and Wildlife Sector of the
concerned DENR office.
Elements Yes No
a. There is bringing of wildlife resources, whether endemic or exotic, into
the wild that is outside their natural habitat.
b. There is no clearance from the secretary or the Palawan Council for
Sustainable Development (if act is being done in Palawan), or their
authorized representatives.
Elements Yes No
a. There is a re-establishing of population of wildlife species or
subspecies in a location where said species has historically occurred but
is now extinct.
b. There is no clearance from the secretary or the Palawan Council for
Sustainable Development (if act is being done in Palawan), or their
authorized representatives.
Elements Yes No
a. There is a replenishing of an existing population of wildlife with
additional individuals of the same species or subspecies within its range.
b. There is no clearance from the secretary or the Palawan Council for
Sustainable Development (if act is being done in Palawan), or their
authorized representatives.
Elements Yes No
a. Wildlife species is listed as CRITICAL or ENDANGERED or
VULNERABLE, or OTHER THREATENED SPECIES or
OTHER WILDLIFE SPECIES. (please encircle one)
b. There is NO Wildlife Special Use Permit issued by the RED of
the DENR Regional Office of the place where the wildlife
originated.
Elements Yes No
a. Wildlife species is listed as CRITICAL or ENDANGERED or
VULNERABLE, or OTHER THREATENED SPECIES or OTHER
WILDLIFE SPECIES. (please encircle one)
b. There is NO:
□ Certificate of Wildlife Registration issued by the RED-
DENR of the place where wildlife is kept (for
possession of wildlife); or
□ Permit for other uses of wildlife (Gratuitous) issued by
the RED-DENR of the place where wildlife was
collected. (for collection of wildlife for scientific
research), or
□ Wildlife Collector’s Permit issued by the Director of
PAWB or RED of appropriate DENR RO (for collection
of wildlife for commercial purposes), or
□ Wildlife Farm/Culture Permit issued by the Director of
PAWB or RED of appropriate DENR RO (for
possession of wildlife species in breeding farms for
conservation, trade and/or scientific purposes.)
Elements Yes No
a. Wildlife species affected by the act is listed as CRITICAL or
ENDANGERED or VULNERABLE, or OTHER THREATENED
SPECIES or OTHER WILDLIFE SPECIES. (please encircle one)
b. There is gathering or destroying of active nests, nest trees or host
plants of the affected species.
Elements Yes No
a. Wildlife species is listed as CRITICAL or ENDANGERED or
VULNERABLE, or OTHER THREATENED SPECIES or OTHER
WILDLIFE SPECIES. (please encircle one)
b. There is maltreatment or injury is inflicted upon the wildlife, which
does not result into its death or does not cripple or impair its
reproductive system, as certified by a licensed veterinarian.
Elements Yes No
a. Wildlife species is listed as CRITICAL or ENDANGERED or
VULNERABLE, or OTHER THREATENED SPECIES or OTHER
WILDLIFE SPECIES. (please encircle one)
b. There is NO Local Transport Permit issued by the appropriate DENR
Regional Executive Director, Provincial Environment and Natural
Resources Officer or Community Environment and Natural Resources
Officer.
ANNEX 10
DENR Regional Focal Points in Wildlife
Law Enforcement and List of Wildlife
Enforcement Officers Per Region
ANNEX 10
BAGUILAT, CLARENCE Regional Executive Director 80 Diego Silang St., Baguio City
Tel No. (074) 442-45-31/444-28-06
YAWAN, REYNALDO F. Regional Technical Director for DENR-CAR, Casa Vallejo, Baguio City
Protected Areas, Wildlife and Tel No. (074) 444-27-20/444-27-54
Coastal Zone Management Sector
BEJIS, JOEL Chief, Protected Areas and DENR-CAR, Casa Vallejo, Baguio City
Wildlife Division Tel No. (074) 444-27-54
PEÑAFIEL, SAMUEL R. Regional Executive Director 2nd Floor, New Florentino Bldg., Gen.
Luna St., San Fernando City, La Union
Tel No. (072) 700-59-52/888-29-75
Fax No. (072) 888-38-33
NAJERA, POLICARPIO A. Regional Technical Director for 3rd Floor, ICVI Building, Quezon Ave.,
Protected Areas, Wildlife and San Fernando City, La Union
Coastal Zone Management Sector Tel No. (072) 242-62-02
SABADO, FEDERICO C. Chief, Protected Areas and 3rd Floor, ICVI Building, Quezon Ave.,
Wildlife Division San Fernando City, La Union
Tel No. (072) 242-62-02
LINGAN, LAUREANO B. JR. OIC, Regional Executive Director 1515 L&S Bldg., Roxas Blvd., Manila
Tel No. 522-47-67 to 69
VILLAFUERTE, REYNALDO R. Regional Technical Director for DENR - NCR Plant Nursery, North
Protected Areas, Wildlife and Avenue, Quezon City
Coastal Zone Management Sector Tel No. 435-25-09
CAPISTRANO, PRIMO Chief, Protected Areas and DENR - NCR Plant Nursery, North
Wildlife Division Avenue, Quezon City
Tel No. 435-24-10
Region 4A - CALABARZON
TAMORIA, NILO B. Regional Executive Director DENR CRIS Business Center, National
Highway Brgy. Halang, Calamba City, Laguna
Tel No. (049) 576-69-41/502-79-97
HERNANDEZ, ARNULFO Z. Regional Technical Director for Brgy. Halang, Calamba City, Laguna
Protected Areas, Wildlife and Tel No. (049) 502-75-00
Coastal Zone Management Sector
ARBOLADO, ARNOLD A. Chief, Protected Areas and Brgy. Halang, Calamba City, Laguna
Wildlife Division Tel No. (049) 502-75-00
Region 4B - MIMAROPA
PRINCIPE, ANTONIO G. Regional Executive Director 1515 L&S Bldg., Roxas Blvd., Manila
Tel No. 405-00-46/405-01-55
GALEON, EDGARDO O. OIC, Regional Technical Director for 1515 L&S Bldg., Roxas Blvd., Manila
Protected Areas, Wildlife and Tel No. 405-00-45
Coastal Zone Management Sector
MAYPA, MARY JUNE F. Chief, Protected Areas and 1515 L&S Bldg., Roxas Blvd., Manila
Wildlife Division Tel No. 405-0323-25/405-00-14
FRAGADA, JOSELIN Regional Executive Director Regional Center Cite, Rizal St., Rawis, Legazpi
MARCUS E. City Tel No. (052) 482-06-91/482-56-97
Fax No. (052) 963-46-48
MENDOZA, FELIX C. Regional Technical Director for DENR V-PAWS, Kalikasan Park, Legaspi City
Protected Areas, Wildlife and Tel No. (052) 481-52-69
Coastal Zone Management Sector
SAONG, YOLANDA Chief, Protected Areas and DENR V-PAWS, Kalikasan Park, Legaspi City
Wildlife Division Tel No. (052) 482-09-62/486-02-97
AMADOR, JULIAN D. Regional Executive Director Pepita Aquino Avenue, Iloilo City
Tel No. (033) 335-00-02/336-26-54
DENR- Regional Focal Points in Wildlife Law Enforcement
DE LEON, SAMUEL OIC, Regional Technical Director for Pepita Aquino Avenue, Iloilo City
Protected Areas, Wildlife and Tel No. (033) 337-89
Coastal Zone Management Sector
FUENTES, DAMASO Chief, Protected Areas and Pepita Aquino Avenue, Iloilo City
Wildlife Division Tel No. (033) 346-22-71
Region 7 - Central Visayas
DICHOSO, MAXIMO O. Regional Executive Director Greenplains Subd., Banilad, Mandaue City
Tel No. (032) 346-96-12/346-06-61
Fax No. (032) 346-22-25
TAWANTAWAN, RUTH M. OIC, Regional Technical Director for Greenplains Subd., Banilad, Mandaue City
Protected Areas, Wildlife and Tel No. (032) 343-92-68
Coastal Zone Management Sector
BABIERA, CHAMBERLAIN J. Chief, Protected Areas and Greenplains Subd., Banilad, Mandaue City
Wildlife Division Tel No. (032) 343-9268
GALINATO, PRIMITIVO C. JR. Regional Executive Director Sto. Niño Ext.Tacloban City
Tel No. (053) 5238859 / 321-6223
Fax No. (053) 321-3386
JAVIER, DANILO A. Regional Technical Director for Sto. Niño Ext.Tacloban City
Protected Areas, Wildlife and Te. No. (053) 325-7268
Coastal Zone Management Sector
MAKABENTA, CORAZON H. Chief, Protected Areas and Sto. Niño Ext.Tacloban City
Wildlife Division Te. No. (053) 321-3386/325-4446
ADORABLE, ARLEIGH J. OIC, Regional Executive Director Pasonanca Park, Zamboanga City
Tel. No. (062) 992-17-38
Fax No. (062) 991-14-24
MELANA, DIOSCORRO M. OIC, Regional Technical Director for Lantawan, Pasonanca Park, Zamboanga City
Protected Areas, Wildlife and Tel No. (062) 215-4092
Coastal Zone Management Sector
JULSADJIN, CIDER S. Chief, Protected Areas and Lantawan, Pasonanca Park, Zamboanga City
Wildlife Division Tel No. (062) 215-4092
BUISER, EDILBERTO S. OIC, Regional Executive Director DENR, R-10, Macabalan, CDO
Tel No. (088) 72-62-80/856-90-66
Fax No. (088) 72-62-80
DABA, BELEN O. OIC, Regional Technical Director for DENR, R-10, Macabalan, CDO
Protected Areas, Wildlife and Tel No. (088) 856-87-80
Coastal Zone Management Sector
CLARETE, MARILOU Chief, Protected Areas and DENR, R-10, Macabalan, CDO
DENR- Regional Focal Points in Wildlife Law Enforcement
PASCUAL, ALFREDO S. Regional Executive Director 2flr. Arcada de Infante Bldg., Gen. Santos
Drive, Koronadal, South Cotabato
Tel No. (083)228-62-25 Fax No. 228-62-26
UMPAR, MURIPAGA T. Regional Technical Director for 2flr. Arcada de Infante Bldg., Gen. Santos
Protected Areas, Wildlife and Drive, Koronadal, South Cotabato
Coastal Zone Management Sector Tel No. (083) 228-66-97
HADJINASSER, ALI M. Chief, Protected Areas and 2flr. Arcada de Infante Bldg., Gen. Santos
Wildlife Division Drive, Koronadal, South Cotabato
Tel No. (083) 228-66-97
SIBBALUCA, LEONARDO R. OIC, Regional Executive Director DENR Reg. XIII, Ambago, Butuan City
Tel No. (085) 341-19-96/341-98-12
Fax No. (085)341-72-80
ELUDO, MARIO C. Regional Technical Director for DENR Reg. XIII, Ambago, Butuan City
Protected Areas, Wildlife and Tel No. (085) 341-56-41
Coastal Zone Management Sector
UBANOS, JAIME G. Chief, Protected Areas and DENR Reg. XIII, Ambago, Butuan City
Wildlife Division Tel No. (085) 341-56-41
WILDLIFE ENFORCEMENT OFFICERS
Association (LASALFA)
HILARIO S. QUINTOS Layugan-Salnec Farmers
Association (LASALFA)
LEONILO S. QUINTOS Layugan-Salnec Farmers
Association (LASALFA)
LUCIANO G. QUINTOS Layugan-Salnec Farmers Layugan, Bucay, Abra
Association (LASALFA)
MARIANO G. QUINTOS Layugan-Salnec Farmers
Association (LASALFA)
PATERNO B. QUINTOS Layugan-Salnec Farmers
Association (LASALFA)
ROBERT B. QUINTOS Layugan-Salnec Farmers Layugan, Bucay, Abra
Association (LASALFA)
ROLANDO B. QUINTOS Layugan-Salnec Farmers Nagsangalan, Layugan, Bucay, Abra
Association (LASALFA)
SUSIMO C. QUINTOS Layugan-Salnec Farmers
Association (LASALFA)
CESAR P. VALERA Layugan-Salnec Farmers
Association (LASALFA)
RAMON P. VITA Layugan-Salnec Farmers
Association (LASALFA)
JOEL B. BARGAS Wayangan, Tubo, Abra
JOSE O. BASUNGIT Poblacion, Tubo, Abra
PEREZ BUGAYAO Mayabo, Tubo, Abra
EDDIE C. CAMALIG Wayangan, Tubo, Abra
ELSA B. DIOAYAN Layugan-Salnec Farmers
Association (LASALFA)
GILBERT B. DOMINGO Poblacion, Tubo, Abra
OSTAN B. GORIO Supo, Tubo, Abra
MELCHOR C. MACARIO Wayangan, Tubo, Abra
MIGUEL L. MACARIO Layugan-Salnec Farmers
Association (LASALFA)
FELIPE B. MANGANIP Antuagan, Tubo Abra
ROMEO B. MANGANIB Layugan-Salnec Farmers
Association (LASALFA)
JOHNSON P. SOLIMEN Layugan-Salnec Farmers
Association (LASALFA)
GERONIMO C. JAVIER Layugan-Salnec Farmers Layugan, Bucay, Abra
Association (LASALFA)
MATEO C. GONZALES Layugan-Salnec Farmers Layugan, Bucay, Abra
Association (LASALFA)
ROGER A. GONZALES Layugan-Salnec Farmers Layugan, Bucay, Abra
Association (LASALFA)
MARCELO T. JAVIER, SR. Layugan-Salnec Farmers Al-aludig, Layugan, Abra
Association (LASALFA)
CELEMENTE T. VILLACILLO Layugan-Salnec Farmers Layugan, Bucay, Abra
Association (LASALFA)
WILDLIFE ENFORCEMENT OFFICERS
MA. ROSARIO F. ASUNCION Department of Industry Tel No. (077) 772-3243 /771-4268
Cel No. 0918-684-7468
CHONITO B. BALDOVI Provincial Agriculture Office Tel No. (077) 770-3378 / 770-4237
Cel No. 0920-255-1692
CRISOLOGO A. TOMAS Provincial Veterinary Tel No. (077) 771-4431
Cel No. 0910-249-5583
ROMEO R. BISMONTE ATO Laoag International Tel No. (077) 607-0246
Airport Cel No. 0910650-2170
ALFIERO P. BANAAG DA-RFU I, La Union Tel No. (072) 242-1045
Cel No. 0928-247-5674
RONALD PALACIO Fort Ilocandia Resort Laoag City, Ilocos Norte
Tel No. (077) 772-1166 Loc. 2082
Cel No. 0920-217-9848
ALLAN D. TAGATAC Provincial Veterinary Tel No. (077) 771-4931
Cel No. 0926-919-9542
ARTHUR A. VALENTE Provincial Agri-Fisheries Tel No. (077) 771-1415
Regulatory Cel No. 0918-939-5203
DANILO R. MANALO ATO Laoag International Tel No. (077) 607-0246
Airport Cel No. 0917-692-6641
ADRIAN JOHN B. GARCIA Fort Ilocandia Resort Laoag City, Ilocos Norte
Tel No. (077) 772-1166 Loc. 2082
Cel No. 0906-494-6461
MARIO B. PIEDAD Department of Industry Tel No. (077) 770-3243 /771-4268
ROLAND CASTILLO Department of Industry Tel No. (077) 770-3243
Cel No. 0918-939-5211
VERONICA TINA TAN LEAD Movement Cel No. 0918-918-8538
BOB HOOVER LEAD Movement Tel No. (077) 771-4811
Cel No. 0919-456-4172
ROSITO G. TAMAYO. JR. ATO Laoag International Tel No. (077) 607-0246
WILDLIFE ENFORCEMENT OFFICERS
VICTORIANO D. VILLELA Buklod Unlad ng Dalitang Subic Spring, San Miguel, Bulacan
Umaasa Kalikasan Inc. Cel No. 0928-342-7067
WILDLIFE ENFORCEMENT OFFICERS
FE C. ACOMPAÑADO Municipal Agriculturist San Juan, Batangas Tel No. (043) 575-4173
JOSE H. AGUILA CDA I, Provincial Batangas Province
Government- ENRO
DR. SHIRLEY D. ALCAZAR Municipal Health Officer Lemery, Batangas
Cel No. 0927-367-2383
DANILO C. ARAGO Brgy. Kagawad Brgy. Sta. Clara, Batangas City
Tel No. (043) 723-6323
DR. LOYOLA C. BAGUI, DVM City Veterinarian Batangas City Tel No. (043) 984-1648
RUBEN C. BAUTISTA Farm Manager, BMW Calatagan, Batangas
Cel No. 0917-915-1386
RICKY E. CAMPOS Company Nurse Batangas City
WILDLIFE ENFORCEMENT OFFICERS
ENER G. MERCANO Member SAMACON Inc. Brgy. Concepcion Norte, Sta Maria
CORAZON M. MACATOL Member SEMBA Inc. Brgy. Bonga, Sta Maria
ROMEO M. MARZONIA Member SEMBA Inc. Brgy. Bonga, Sta Maria
JOCELYN T. BALDERA Member SEMBA Inc. Brgy. Bonga, Sta Maria
GERMAN M. GADON Municipal Agriculture Office Brgy. Carmen, San Agustin
VILLAMOR M. MANIPOL Member SAGIPP Inc. Brgy. Longbeach, San Agustin
LIGAYA M. MAZO Member SAMAKAS Inc. Brgy. Sugod, San Agustin
SEGUNDO F. MALLEN Member SAMAKAS Inc. Brgy. Sugod, San Agustin
ENGR BERNIE G. TIAGA Provincial ENRO Odiongan, Romblon
ENGR. RAYMUND G. INOCENCIO Provincial ENRO Odiongan, Romblon
ENGR. REYNALDO ANGEL M. Provincial ENRO Odiongan, Romblon
DE JUAN
PO2 EMILIIO G. QUIMORA Philippine Coast Guard Brgy. Bagacay, Romblon
LEO A. ROMERO Sr. Terminal Optn. Officer Calapan City
Philippine Port Authority
CRISTINA D. ESTRADA Environmental Specialist Calapan City
Philippine Port Authority
MARY PAULENETH A. MIRAPLES Industrial Security Officer Calapan City
Philippine Port Authority
ALFREDO MANGLICMOT Veterinarian
Provincial Veterinary Office
ELIZABETH L. ABOGADO Project Dev't Assistant I Calapan City
Municipal ENRO
MARILYN M. ALCANICES Agriculturist II Calapan City
PAO-CRM Division
JOEL B. VARGAS Community Dev't. Officer Oriental Mindoro
Prov. ENRO
VICTORINO V. CASTRO Community Dev't. Officer Oriental Mindoro
Prov. ENRO
FELIPE R. CHAN Representative
HALCON Mountaineers
Association
CHRISTIAN M. GENERATO Quarantine Inspector Calapan City
Dept. of Agriculture-RQS
FIDEL G. ALEA Quarantine Inspector Calapan City
Dept. of Agriculture-RQS
SILVINO H. GAMBOA Quarantine Inspector Calapan City
Dept. of Agriculture-RQS
PEDRO M. MORTILLA Chief, Livestock RQS Calapan City
Dept. of Agriculture
LORNA A. CEPILLO Chief, Plant Quarantine
Services Calapan City
Dept. of Agriculture-FRU-IVB
ARIEL S. CAYETANO Plant Quarantine Inspector Calapan City
Dept. of Agriculture-FRU-IVB
CATHERINE EVIOTA CASTRO Plant Quarantine Inspector
Dept. of Agriculture-FRU-IVB Calapan City
WILDLIFE ENFORCEMENT OFFICERS
MARIA THERESA C. IBABAO President, PESCP/ Pandan, Antique Tel No. (036) 278-9540
PHILconserve
FAUSTINO B. GUILLERMO Forest Ranger, PESCP Pandan, Antique Cel No. 0907-943-5293
CERWIN A. IBAÑEZ Forest Ranger, PESCP Pandan, Antique Cel No. 0920-566-7248
JOESERY A. TENORIO Forest Ranger, PESCP Barusbus, Libertad ,Antique
FREDDIE C. FERNANDEZ Forest Ranger, PESCP Pandan, Antique Cel No. 0917-402-0494
REYNOLD D. ALARCON Forest Ranger, PESCP Pandan, Antique Cel No. 0908-954-9672
ROLANDO Q, TAMBOONG Forest Ranger, PESCP San Roque, Libertad, Antique
ROBERTO S. NEPOMOCENO Forest Ranger, PESCP Pandan, Antique Cel No. 0929-898-4189
DEMOCRETO G. FERNANDO JR. Forest Ranger, PESCP Pandan, Antique
JOVEN B. DUJALI Forest Ranger, PESCP Pandan, Antique
ARMELITO B. EBON JR. Forest Ranger, PESCP Pandan, Antique Cel No. 0918-762-3774
JOSE V. MATINONG Forest Ranger, PESCP Pandan, Antique
CONRADO O. DENEDICTO Forest Ranger, PESCP Pandan, Antique Cel No. 0910-748-1641
JOEMAN MANGGA Forest Ranger, PESCP Sebaste Antique Cel No. 0907-422-3945
RICHARD MANGGA Forest Ranger, PESCP Sebaste Antique Cel No. 0919-248-5125
MAIKO MAGSIPOC Forest Ranger, PESCP Sebaste Antique Cel No. 0918-647-9865
RUDY DOMINGO Forest Ranger, PESCP Pandan, Antique
EXPEDITO PAULINO JR. Forest Ranger, PESCP Pandan, Antique
REYEL O. PAULINO Forest Ranger, PESCP Pandan, Antique
VAL BARRIENTOS Forest Ranger, PESCP Pandan, Antique
HONORIO B. JAMONDRON Forest Ranger, PESCP Pandan, Antique Cel No. 0908-136-9122
JOEVELYN SANTILLAN Bookkeeper, PESCP Pandan, Antique Cel No. 0929-481-0420
RHEA A. SANTILLAN Bookkeeper, PESCP Pandan, Antique Cel No. 0907-711-5320
RIZZA M. ARANA Bookkeeper, PESCP Pandan, Antique Cel No. 0926-701-0639
REGGIE F. SACAPAÑO Brgy. Tanod Brgy. Yapak, Malay, Aklan
Cel No. 0929-293-8404
JAHNREY C. CLAUD Volunteer Brgy. Yapak, Malay, Aklan
GERARD E. DURAN Bat Cave Guide Brgy. Yapak, Malay, Aklan
ROLANDO E. MANLAPAS, JR. Bat Cave Guide Brgy. Yapak, Malay, Aklan
JESSIE T. REFUGIO Volunteer Brgy. Naba-0y, Malay, Aklan
Cel No. 0920-395-5849
MANUEL S. DELOS REYES EMS II LGU, Malay Aklan
PO3 JOSE VICTOR G. MINERVA, SR. Police Officer 3 Oton, Iloilo
Philippine National Police
PO2 ERNIE C. MALLORCA Police Officer 2 Oton, Iloilo
Philippine National Police
ARIEL S. TENTIA Admin Aide I Tigbauan, Iloilo Cel No. 0928-737-1877
Local Government Unit
PHOEBE M. TORRICO Local Government Unit Tigbauan, Iloilo
PO1 PETER E. TABINGO Police Officer 1 Tubungan, Iloilo
Philippine National Police
WILDLIFE ENFORCEMENT OFFICERS
Negros Occidental
ERNESTO SISONG Kanla-on Green Brigade Brgy.Masulog, La Castillana,
Negros Occidental
LORENZO BELLO Kanla-on Green Brigade Brgy.Masulog, La Castillana,
Negros Occidental
ROSENDO BELLO Kanla-on Green Brigade Brgy.Masulog, La Castillana,
Negros Occidental
CRISTUTO BELLO Kanla-on Green Brigade Brgy.Masulog, La Castillana,
Negros Occidental
CRISTITO LOPEZ Kanla-on Green Brigade Brgy.Masulog, La Castillana,
Negros Occidental
CERILO LOPEZ Kanla-on Green Brigade Brgy.Masulog, La Castillana,
Negros Occidental
PRIMO MATANDA Kanla-on Green Brigade Brgy.Masulog, La Castillana,
Negros Occidental
MAXIMO BELANDO Kanla-on Green Brigade Brgy.Masulog, La Castillana,
Negros Occidental
BONIFACIO LOPEZ Kanla-on Green Brigade Brgy.Masulog, La Castillana,
Negros Occidental
BENJAMIN ORTALIZA Kanla-on Green Brigade Brgy.Masulog, La Castillana,
Negros Occidental
ALEXANDER PRACIO Kanla-on Green Brigade Brgy.Masulog, La Castillana,
Negros Occidental
LAVY TAMAMAL Kanla-on Green Brigade Brgy.Masulog, La Castillana,
Negros Occidental
EUGENIO BENLOT Kanla-on Green Brigade Brgy.Masulog, La Castillana,
Negros Occidental
SPO2 ROMULO N. CAUSE Senior Police Officer 2 Tel No. (033) 509-6944
6th PCAS,PNP,AVESGROUP,
Iloilo Airport
SPO2 SAMUEL C. AGNO Senior Police Officer 2 Tel No. (033) 509-6944
6th PCAS,PNP,AVESGROUP,
Iloilo Airport
PO2 PETERMATH B. FUGABAN Police Officer 2 Tel No. (033) 509-6944
6th PCAS,PNP,AVESGROUP,
Iloilo Airport
RAMON G. GARCIA Brgy. Tagororoc, Nabas, Aklan
Cel No. 0918-333-8579
RAYMOND G. GARCIA Brgy. Tagororoc, Nabas, Aklan
Cel No. 0910-073-6255
PO1 JOHN-JOHN M. SERRA Police Officer 1 Maasin, Iloilo Cel No. 0920-790-5821
Philippine National Police
NORY G. ZAMORA Community Development Guimaras Cel No. 0909-594-7725
Assistant I, GENRO
JOGIE V. DIANA Project Development Officer I Guimaras Cel No. 0927-348-0884
GENRO
RENANTE N. BITALA Bantay Dagat Jordan, Guimaras
WILDLIFE ENFORCEMENT OFFICERS
PO3 DANILO BEAMEZA Police Officer 3, Philippine Tel No. (033) 336 2651
Coast Guard, Region 6
LINO L. CONVOCAR Forester I, Local Government Cel No. 0918-786-8151
Unit- PENRO
SAMSON D. MOGATO Forester I, Local Government
Unit- PENRO
ENGR. JOSEPH J. MORALES Philippine Port Authority , Tel No. (033) 337-6073
Region VI
ENGR. RODEL G. LAGMAY Philippine Port Authority , Tel No. (033) 337-6045
Region VI
EMMANUEL A. ORLINA Philippine Port Authority , Tel No. (033) 337-6073
Region VI
MARY JOAN L. NIELO Technical Supervisor Cabatuan, Iloilo
Civil Aviation Authority of the Tel No. (033) 337-6073
Philippines
PO2 CHRISTIAN AGUSTUS G. NARTE Police Officer 2 Jordan, Guimaras Tel No. (033) 333-0024
Philippine National Police
PO2 GERMAN G. TAGUDANDO Police Officer 2 Nueva Valencia, Guimaras
Philippine National Police
PO3 NICK G. GALLEGO Police Officer 3 Nueva Valencia, Guimaras
Philippine National Police Cel No. 0921-698-2985
TITO GERALDOY Warden Enforcement Officer
La Paz, Fisherfolks Aquatic
Resources and Mangrove
Management Association, Inc.
NELSON S. CELIZ Barangay Kagawad
La Paz, Fisherfolks Aquatic
Resources and Mangrove
Management Association, Inc.
MA. CYROSA -LEEN MABEL C. SINEL Senior Agriculturist Malay, Aklan
Aklan Provincial Government
MORETO T. MUAREZ Barangay Kagawad Brgy. Moroboro, Dingle, Iloilo
JULIUS GALENO Barangay Tanod Brgy. Moroboro, Dingle, Iloilo
Cel No. 0908-225-0185
NORLAN PRESQUITO Barangay Tanod Brgy Lincud, Dingle, Iloilo
Cel No. 0910-480-4812
NESTOR DADUROS Barangay Tanod Brgy. Moroboro Dingle, Iloilo
People's Organization
ELESEO B. MUMAR PASu, Calbayog Pan-as Calbayog City, Samar
Hayiban Protected Landscape
MA. LEOVILLA D. SANTOS Academe Uni.Eastern Phil. N Samar
Cel No. 0927-424-9406
Email: leovilladestura@yahoo.com
MYRNA M. OGOC Academe Uni.Eastern Phil. N Samar
Cel No. 0917-798-1209
Email: myrna_uep@yahoo.com
of Investigation
WILFREDO R. CASTILLO Agent, National Bureau
of Investigation
A MANINGO Agent, National Bureau Cel. No. 0927-456-5833
of Investigation
JERRY G. TIZON Agent, National Bureau Cel No. 0918-355-2955
of Investigation
REYNALDO GALICIA ISO Sasa, Davao City Tel No. 235-2565
Philippine Ports Authority
DANTE A. AGUILA Chief, Safety Officer Sasa, Davao City
Philippine Ports Authority
CPT. ENRICO A. RAMONES Civil Military Operations Camp Panacan, Davao City
Officer Cel No. 0910-547-5361
CAPT. NILO E. JAPON, PN Public Affair Officer, Naval Cel No. 0929-293-7459
Forces Eastern Mindanao
SPO2 MARCIAL G. GABUNARA Admin PNCO Tel No. 300-0764
PNP-CIDG XI
PO2 RODANTE S. PALMA Investigator Cel No. 0918-583-358
PNP-CIDG XI
AWIC. REBECCA L. GOCON, PAF Admin Personnel Sasa Davao City Tel No. 234-2588
TOG 11,Phil. Airforce, DIA
SGT. RAMIL CARREDO PAF TOG 11,Phil. Airforce, DIA Sasa Davao City Cel No. 0921-550-6652
P/SINP. JOHN B. WASIT Operations Chief, 8 PCAS Sasa Davao City Cel No. 0910-200-8719
8th PCAS,PNP ASG TOG 11
Compound
SGT. RAMIL CARREON, JR. PAF TOG 11,Phil. Airforce, DIA Sasa Davao City Cel No. 0921-550-6652
SPO4 DANILO T. CARVAJAL PNCO 8th PCAS,ASG 11 Sasa Davao City Tel No. 2343740 c/o 8th PCAS
Davao International Airport
PO3 CAROL JANE A. ESPINOSA Admin PNCO Tel No. 222-8791
PNP, 11th Reg. Maritime Office
PO1 RUBY CATALAN I & I PNCO
PNP, 11th Reg. Maritime Office
MAJ. RODRIGO ILUSTRISIMO Deputy U7 Cel No. 0921-380-9845
East MINCOM, AFP
LTC. JOSELITO G. LATORRE, PA Eastern Mindanao Command Cel No. 0920-902-3724
CARL S. GAMANA Eastern Mindanao Command Tel No. 234-4975
REY TAMIOK Eastern Mindanao Command Tel No. 234-4975
CARLIAN S. MABILEN Bureau of Customs Cel No. 0919-411-3314
MARIE FE P. ELTAGONDE Admin Assistant
Bureau of Customs
EBERT N. MONTERO Bureau of Customs
FILIPINAS SABLINGO Principal, Doña Asuncion Cel No. 0905-841-9886
Elementary School
MELINDA A. ROMA Principal DEPED Cel No. 0916-332-8151
Department of Education
DORIS SERAFICA Airport Terminal Supervisor Cel No. 0916-643-9982
Civil Aviation Authority of the
WILDLIFE ENFORCEMENT OFFICERS
Philippines
TRANQUILINO H. OLIOL JR. Airways comm, Services
Supervisor, Civil Aviation
Authority of the Philippines
ANTONIO R.G. ULANGKAYA Bureau of Immigration and Cel No. 0917-952-2384
Deportation
DENNIS MASKARIÑO Bureau of Fisheries and Cel No. 0918-742-5352
Aquatic Resources
JOEL S. GARCIA Bureau of Fisheries and Cel No. 0927-715-3958
Aquatic Resources
MADELEINE LOURDES T. NAVARCE Regional Fish Health Officer
Bureau of Fisheries and
Aquatic Resources
FELIPE ARANETA Philippine Fisheries Tel No. 291-0752 Cel No. 0928-283-9850
Development Authority
PHOEBE M. TORRICO Philippine Fisheries Cel No. 0918-696-9020
Development Authority
SN1 JAMES PAUL GRANADA Philippine Coast Guard Tel No. 235-0002
WILSON BAGATPATAN Philippine Coast Guard Tel No. 235-0002
MA. THERESA B. ANSALDO NEDA XI Tel No. 296-0160
P/SUPT RAMON A. SALVILLA (RET) City Mayor's Office Tel No. 222-0855 Cel No. 0921-743-9098
ANDRES PANLAQUE CRUZ Periodico Bon.Village Mabuhay R.D. Gen San City
MINA S. MANUEL RPN-DXDX P. Acharon Blvd. Gen.San City
REYNALD B. REMIGIO SMBI General Santos City
EDEL RODEROS DXCP-CMN General Santos City
CHRISTOPHER R. DIAZ General Santos City
JERMINE ALLAN PAREÑO Philippine National Red Cross General Santos City
ROLLY FABRIGAR DAD Times / MINFOCUS News General Santos City
JOY C. MANANSALA SMBI General Santos City
PO1 ROEL P. SANDOVAL PCG General Santos City
PO2 LUMINOG O. MASAHOD GSCPC General Santos City
PO1 HANA NEI D. ABALAHON CIDG General Santos City
SPO3 JOHNNY B. KINJIYO PNP-MARIG General Santos City
PO1 ROBERT CONOL PNP-MARIG General Santos City
PO2 OMAR S. MELICANO, JR. PNP General Santos City
PO1 OLIVER J. BARRIENTOS PNP- ASG General Santos City
DR. EMILIO V. GARGARAN, JR. City Veterinary Office General Santos City
DR. REX V. CALUB City Veterinary Office General Santos City
FERNADO MAPALO, JR. PPA General Santos City
CABILI M. LUCAS BOC General Santos City
ROSEMARIE C. PACATANG Purok President Calumpang ,General Santos City
DOUGLAS C. CASAMON, JR. CIDG 12 General Santos City
VICTORIANO JAGARAP Brgy. Captain General Santos City
VINCE LAMBAC CMN-DXCP General Santos City
WILDLIFE ENFORCEMENT OFFICERS
FOR. IGNACIO D. LUMANAO EMS II/ Team Leader Ambago, Ambago, Butuan City
DENR Regional Office Cel No. 0905-147-6623
FOR. CRISLEY J. SAPID Forest Ranger Ambago, Butuan City
DENR Regional Office Cel No. 0905-872-5746
ROMEO A. ARAOJO, JR. Tree Marker Ambago, Butuan City
DENR Regional Office Cel No. 0917-703-6705
WILDLIFE ENFORCEMENT OFFICERS
FOR. SOLIDAD M. TAMAYO Forester II, DENR-PENRO Imadljas Subdivision, Butuan City
Cel No. 0918-574-6638
FOR. JOY B. ABELLA Forest Ranger, DENR-PENRO Imadljas Subdivision, Butuan City
Cel No. 0920-585-1470
REQUIRME HEBIA Forester I, DENR-PENRO Nasipit, Agusan del Norte
Cel No. 0928-211-0780
DR. ISIDRO Q. LAGUMBAY SR. RVQCO/Chief Agriculturist, Butuan City
DA-RFU Cel No. 0928-3769216
FOR. ANIANA J. RADEZA Forest Ranger, DENR-CENRO Cabadbaran City, Agusan del Norte
Cel No. 0927-744-0871
RUFINO MIRANDA FR/Asst. PASu - AMWS, Patin-ay,Prosperidad, Agusan del Sur
DENR-CENRO Cel No. 0918-574-6323
ANNIE V. MARTINEZ Forest Ranger, DENR-CENRO Loreto, Agusan del Sur
Cel No. 0918-574-6323
FLORANTE D, DENAMARCA EMS II, DENR-CENRO San Francisco, Agusan del Sur
Cel No. 0920-415-3675
ALEX M. TEOXON Scaler, DENR-CENRO San Francisco, Agusan del Sur
Cel No. 0920-679-9253
FOR. ADOLFO ARIÑO MENRO, Local Government Unit San Francisco, Agusan del Sur
FOR. NATHANIEL LAMSON MENRO Staff San Francisco, Agusan del Sur
Local Government Unit
PO1 MARIZA GOPANA PO1 San Francisco, Agusan del Sur
Local Government Unit
EMMANUEL FELISA PENRO LGU-Staff, PNP San Francisco, Agusan del Sur
Cel No. 0906-699-7745
BENEDICTO OCITE Brgy. Captain Caimpugan,San Francisco, Agusan del Sur
Local Government Unit Cel No. 0906-699-7745
CELSA ESPADERO EMS II, DENR-CENRO Dapa, Surigao del Norte
Cel No. 0918-369-9191
HERNANDO SULLA Scaler, DENR-CENRO Surigao City
Cel No. 0910-504-8383
GLENDEL ADLAWON Forester I, PENRO-Tandag Tandag, Surigao del Sur
Cel No. 0920-771-5387
FLORO G. ORTEGA Forester I, PENRO-Cantilan Cantillan,Surigao del Sur
Cel No. 0918-590-7005
ELESITA M. AÑO Forester I, CENRO-Bislig Bislig,Surigao del Sur
Cel No. 0920-409-3902
FOR. ROMEO IMPERIAL ENROfficer, ENRO-LGU Bislig,Surigao del Sur
Cel No. 0920-954-5429
ALFREDO PABAS Forester I, CENRO- Llanga Laanga, Surigao del Sur
Cel No. 0929-346-6986