January 14,
1981
AMENDING
SECTION EIGHTY
OF PRESIDENTIAL DECREE NUMBERED SEVEN HUNDRED FIVE, AS AMENDED,
OTHERWISE
KNOWN AS THE "REVISED FORESTRY CODE OF THE PHILIPPINES."
WHEREAS, it is of common
knowledge that only few criminal cases are being filed against
violators
of the forestry laws, rules and regulations because of the apparent
lack
of manpower in the prosecuting arm of the Bureau of Forestry
Development
which predicament could not be feasibly augmented due to the present
economic
situation of the country;
WHEREAS, it is of
common knowledge that only few criminal cases are being filed against
violators
of the forestry laws, rules and regulations because of the apparent
lack
of manpower in the prosecuting arm of the Bureau of Forestry
Development
which predicament could not be feasibly augmented due to the present
economic
situation of the country;
WHEREAS, Section 80
of the "Revised Forestry Code of the Philippines", or any other law,
rule
and regulation does not authorize members of the Philippine
Constabulary/Integrated
National Police to file complaints against forest law violators except
when they are lawfully deputized by the Minister of Agriculture and
Natural
Resources pursuant to the said Code;
NOW, THEREFORE, I,
FERDINAND E. MARCOS, President of the Philippines, by virtue of the
powers
vested in me by the Constitution, do hereby degree that:chanroblesvirtuallawlibrary
SECTION 1. Section 80 of
Presidential Decree No. 705 is amended to read as follows:chanroblesvirtuallawlibrary
"Sec. 80. Arrest: institution
of criminal actions. -
A forest
officers
or employee of the Bureau or any personnel of the Philippines
Constabulary/
Integrated National Police shall arrest even without warrant any person
who has committed or committing in his presence any of the offenses
defined
in this Chapter. He shall also seize and confiscate, in favor of the
Government,
the tools and equipment used in committing the offense, and the forest
products cut, gathered or taken by the offender in the process
committing
the offense. The arresting forest officer or employee shall thereafter
deliver within six (6) hours from the time of arrest and seizure, the
offender
and the confiscated forest product, tools and equipment and file the
proper
complaint with, the appropriate official designated by law to conduct
preliminary
investigation and file information in Court.If the arrest and
seizure
are made in the forest, far from the authorities designated by the law
to conduct preliminary investigations, the delivery to, and filing of
the
complaint with, the latter shall be done within a reasonable time
sufficient
to the place of delivery. The seized products, materials and
equipment
shall be immediately disposed of in accordance with forestry
administrative
orders promulgated by the Department Head.
The Department Head
may deputized
any agency, Bering or barrio official, or any qualified person to
protect
the forest and exercise the power or authority provided for in the
preceding
paragraph.
Reports and
complaints regarding
the commission of any of the offenses defined in this Chapter, not
committed
in the presence of any forest officer or employee, or any personnel of
the Philippine Constabulary/Integrated National Police or any of the
deputized
officers of officials, shall immediately be investigated by the forest
officer assigned in the area or any personnel of the Philippine
Constabulary/Integrated
National Police where the offense was allegedly committed, who shall
thereupon
receive the evidence supporting the report or complaint. If there is a
prima facie evidence to support the complaint or report the
investigating
forest officer and/ or members of the Philippine
Constabulary/Integrated
National Police shall file the necessary complaint with the appropriate
official authorized by law to conduct a preliminary investigation of
criminal
case and file an information in Court."
SECTION. 2. This Decree
shall
take effect immediately.chanrobles virtualawlibrary
Done in the City of Manila,
this 14th day of January, in the year of Our Lord, nineteen hundred and
eighty-one.chanrobles virtualawlibrary
FERDINAND E.
MARCOSPresident of
Republic
of the Philippines
By the President:chanroblesvirtuallawlibrary
JOAQUIN T.
VENUS, JR.Deputy
Presidential
Executive Assistant