WHERE TO FILE THE CASE??

•WARRANTLESS ARREST

•ARREST WITH WARRANT

WARRANTLESS ARREST
1. IN THE PRESENCE OF THE LAW ENFORCER, THE VIOLATOR HAS COMMITTED, IS
ACTUALLY COMMITTING OR IS ATTEMPTING TO COMMIT ANY OF THE FOLLOWING
ACTS PROHIBITED BY R.A 9147 “IN FLAGRANTE DELICTO”
2. AN OFFENSE HAS JUST BEEN COMMITTED AND THE ENFORCER HAS PROBABLE CAUSE
TO BELIEVE BASED ON HIS PERSONAL KNOWLEDGE OF FACTS AND CIRCUMSTANCES
THAT PERSON TO BE ARRESTED HAS COMMITTED IT “HOT PURSUIT”
3. BECAUSE OF A VALID SEARCH, PERSON TO BE ARRESTED IS FOUND IN THE ACT OF :
• TRADING WILDLIFE WITHOUT THE NECESSARY PERMIT
• POSSESSING WILDLIFE, THEIR BY-PRODUCTS AND DERIVATIVES WITHOUT THE
NECESSARY PERMIT
• TRANSPORTING WILDLIFE WITHOUT THE NECESSARY PERMIT
 ARREST WITH WARRAN T
• 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
• 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.
WHO FILES THE COMPLAINT??

1. AUTHORIZED OFFICER OF DENR/DA-BFAR/PCSDS

2.DEPUTIZED OR DESIGNATED WEO
3.ANY PEACE OFFICER OR OTHER PUBLIC OFFICER CHARGED WITH
ENFORCEMENT OF THE LAW VIOLATED
 PROCEDURE IN
FILING AND
PROSECUTING THE
CASE UNDER
WARRANTLESS
ARREST
 WARRANTLESS ARREST

REFERRAL LETTER

INQUEST BY OFFICE OF THE

PROSECUTOR
NOTE: THE APPREHENDING OFFICER/DENR/DA-BFAR/PCSDS MUST ACT IMMEDIATELY TO
MEET THE REGLAMENTARY PERIOD REQUIRED BY LAW TO AVOID THE CHARGE OF DELAY IN
THE DELIVERY OF DETAINED PERSONS TO THE PROPER JUDICIAL AUTHORITIES
• THE APPREHENDING OFFICER /DENR/ DA-BFAR/PCSDS MUST, AS SOON AS POSSIBLE,
SECURE OR PRODUCE THE APPROPRIATE CERTIFICATIONS OR AFFIDAVITS NEEDED TO
PROVE THE OFFENSE COMMITTED.
• THE APPREHENDING OFFICER/DENR/ DA-BFAR/PCSDS MUST COORDINATE WITH THE
OFFICE OF THE PROSECUTOR FOR THE INQUEST PROCEEDINGS. PREPARE AND FORWARD
A REFERRAL LETTER ADDRESSED TO THE SAID OFFICE, TOGETHER WITH THE FOLLOWING
NECESSARY ATTACHMENTS:
1) AFFIDAVIT OF ARREST BY THE APPREHENDING OFFICER;
2) AFFIDAVIT OF WITNESS ON THE ARREST;
3) INVENTORY SHEET;
4) APPREHENSION RECEIPT;
5) DULY CERTIFIED PHOTOS OF OBJECT EVIDENCE AND OF THE APPREHENDED PERSON; AND
6) THE APPROPRIATE CERTIFICATIONS TO PROVE THE OTHER ELEMENTS OF THE OFFENSE
PROCEDURE IN FILING AND PROSECUTING
CASE UNDER ARREST WITH WARRANT
• DENR IS THE FIRST ONE THAT RECEIVES INFORMATION OF VIOLATION

• NON-DENR WEO IS THE FIRST ONE THAT RECEIVES THE INFORMATION OF

VIOLATION
 PROCEDURE IN
FILING AND
PROSECUTING CASE
UNDER ARREST
WITH WARRANT AND
DENR IS THE FIRST
ONE THAT RECEIVES
INFORMATION OF
VIOLATION
COMMISSION OF THE OFFENSE

INVESTIGATION

COMPLAINT WITH THE OFFICE

OF THE PROSECUTOR

PRELIMINARY INVESTIGATION
 IF THE INFORMATION OF COMMISSION IS RECEIVED BY
WILDLIFE LAW ENFORCEMENT OFFICER OFFICIALLY
EMPLOYED BY THE DENR
• CONDUCT OF INVESTIGATION
• FILING OF COMPLAINT WITH OFFICE OF THE PROSECUTOR
ATTACHED IN THE COMPLAINT ARE THE FF:
1) AFFIDAVIT OF WITNESSES;
2) INVESTIGATION REPORT;
3) PHOTO AND/OR VIDEO DOCUMENTATION; AND
4) APPROPRIATE CERTIFICATIONS.
 PROCEDURE IN
FILING AND
PROSECUTING CASE
UNDER ARREST
WITH WARRANT AND
NON-DENR WEO IS
THE FIRST ONE THAT
RECEIVES THE
INFORMATION OF
VIOLATION
COMMISSION OF THE OFFENSE

TURNOVER OF RESULT OF
INVESTIGATION BY NON DENR INITIAL DATA GATHERING TO
DENR

INQUEST BY OFFICE OF THE

INVESTIGATION BY DENR
PROSECUTOR
THE INFORMATION OF COMMISSION IS RECEIVED BY WILDLIFE
LAW ENFORCEMENT OFFICER NOT OFFICIALLY EMPLOYED IN
THE DENR
• INITIAL DATA GATHERING
- AFTER PREPARING THE INVESTIGATION REPORT, NON-DENR WEO MUST ACCOMPLISH TRANSMITTAL
LETTER, IN TWO COPIES, ATTACHING THERETO THE INVESTIGATION REPORT, DOCUMENTARY EVIDENCE
AND THE PICTURES THAT WILL SUPPORT THE REPORT OF VIOLATION.
• TURN OVER THE INITIAL DATA GATHERED TO THE DENR
- ENFORCEMENT OFFICER MUST SUBMIT THE TRANSMITTAL LETTER, TOGETHER WITH THE
ATTACHMENTS, TO THE WILDLIFE SECTOR OF THE NEAREST DENR OFFICE.
- RECEIVING OFFICER OF THE DENR MUST DULY ACKNOWLEDGE RECEIPT OF THE REPORT AND DOCUMENTS
BY SIGNING HIS OR HER NAME IN THE TRANSMITTAL LETTER AND GIVE A COPY OF THE LETTER TO THE
FORWARDING LAW ENFORCEMENT OFFICER.
PROCEDURE FOR ADMINISTRATIVE SEIZURE
AND CONFISCATION
WHO ARE SEIZURE OFFICERS??
• DENR REGIONAL DIRECTOR OR, IN HIS ABSENCE, ANY REGIONAL TECHNICAL DIRECTOR
• PENRO OR, IN HIS ABSENCE, SENIOR FOREST MANAGEMENG SPECIALIST (SFMS) OR
SENIOR ENVIRONMENT MANAGEMENT SPECIALIST (SEMS)
• CENRO OR, IN HIS ABSENCE, DENR OFFICER WITH THE RANK OF FORESTER III OR LAND
MANAGEMENT OFFICER III (LMO III)
ADMINISTRATIVE SEIZURE

• UPON DELIVERY OF THE APPREHENDED ITEMS TO THE SEIZURE OFFICER, 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.
VERIFYING THE EXISTENCE OF A PRIMA
FACIE CASE
• THE APPOPRIATE DENR OFFICER SHALL PERSONALLY EXAMINE THE APPREHENDING
OFFICER AND ANY WITNESSES APPEARING BEFORE HIM
• 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)
• IF THE APPREHENDED CONVEYANCE INVOLVED IS A GOVERNMENT VEHICLE, IT SHALL BE
IMMEDIATELY RELEASED TO THE HIGHEST REGIONAL OFFICE WHO OWNED THE SAME
• 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. IT
SHALL ALSO STATE THE DATE, TIME AND PLACE IT WILL RESUME. IN CASE OF VARIANCE, 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.
ADMINISTRATIVE CONFISCATION

Notice of Hearing
Executive
Decision
Hearing

Decision of
Decision of DENR SEC
RD

Decision of Motion for

Appeal
DENR SEC Reconsideration
ADMINISTRATIVE CONFISCATION
• Within one (1) calendar week from the date of the
SEIZURE
Notice of
• Within Two (2) calendar week upon written request and
Hearing signature of all interested parties
• Postponed only upon written request

• Presided by SEIZURE OFFICER

• Summary in nature
Hearing • w/ or w/o counsel
• Complete set of the documents supporting the
apprehension and seizure shall be provided to the
interested parties at their expense
DISPUTABLE PRESUMPTIONS
• ALL THOSE APPREHENDED ON-SITE FOR DIRECT OR INDIRECT PARTICIPATION IN THE
COMMISSION OF THE OFFENSE(S) CITED HAD FULL KNOWLEDGE AND ANY WILLINGLY
PARTICIPATED THEREIN;
• THE REGISTERED OWNER AND/OR OPERATOR/DRIVER OF A CONVEYANCE USED IN THE
COMMISSION OF THE OFFENSE HAD FULL KNOWLEDGE AND WILLINGLY PARTICIPATED .
• IN CASE THE REGISTERED OWNER OF CONVEYANCE IS A PARTNERSHIP OR CORPORATION,
THE PARTNERS AND/OR OFFICER THEREOF HAD FULL KNOWLEDGE OF AND GRANTED
AUTHORIZATION
• ANY FOREST PRODUCTS WERE OBTAINED FROM AN ILLEGAL SOURCE
 • Rendered by RD upon recommendation of Hearing
Officer
Decision • Substantial Evidence
• Declare the seized items to be confiscated in favor of the
Gov’t, together with recommendation for further
prosecution
• Final and executory upon lapse of fifteen (15) regular
business days unless MR is filed

• Only one (1) motion within fifteen (15) calendar days from
receipt of Decision
Motion for • Issue a ruling on such motion within fifteen (15) days
Reconsideration from receipt hereof
• Unless a Notice of Appeal is filed within fifteen (15) days,
transmit records to the Office of the Secretary for
appropriate action
 • Within fifteen (15) calendar days from receipt of the
ruling upon a Motion for Reconsideration
• File with the Office of the Secretary
Appeal • Upon receipt of 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

• Aggrieved party may file one (1) Motion for

Reconsideration within fifteen (15) days
Decision of the • However, may also appeal said decision, within the same
DENR Secretary period, to the Office of the President of the Philippines
pursuant to EO No. 19, Series of 1996
 • When a decision becomes final and executory upon the
lapse of the reglamentary periods herein prescribed, the
Executive Undersecretary for Legal and Legislative Affairs shall,
Decision motu proprio or upon Motion by any party, issue a
certification to that effect for submission to the
Secretary

Termination of • Upon approval by the Secretary, confiscated items shall

the Case become permanent property of the Government