Lesson 4.5.

13 Rules of Procedure in Environmental Cases

Rules of Procedure
in
Environmental Cases
 Lesson 4.5.13 Rules of Procedure in Environmental Cases

Classroom Session Rules:

1. Let us respect each another 

2. There is no right and wrong point of

views/answers during class discussions 

3. You may raise your hand for questions and

clarifications relevant to the topic 
 Lesson 4.5.13 Rules of Procedure in Environmental Cases

Lesson Goal

This lesson aims to provide the

students with knowledge on the
rules of procedures in handling
environmental cases.
Lesson 4.5.13 Rules of Procedure in Environmental Cases

Lesson Objectives

At the end of this lesson, you will be able to:

 Explain the rules of procedure in

environmental cases; and

 Discuss the role of police officers in every level

in the procedure on environmental cases.
Lesson 4.5.13 Rules of Procedure in Environmental Cases

Illegal loggers are Murderers!

 Lesson 4.5.13 Rules of Procedure in Environmental Cases

As police officers, what do you think is

the importance of learning the Rules of
Procedure on Environmental Cases?
Lesson 4.5.13 Rules of Procedure in Environmental Cases

Scope of Presentation
Procedure for Environmental Cases

A. Complaint
B. Arrest
C. Custody and Disposition of Seized Items
D. Bail
E. Arraignment and Plea Bargaining
F. Pre-Trial
G. Trial
H. Decision
Lesson 4.5.13 Rules of Procedure in Environmental Cases

A. Complaint

Filed with the Office of the Prosecutor.

1. Who may file a complaint?

2. Requirements for the complainant?

Lesson 4.5.13 Rules of Procedure in Environmental Cases

B. Arrest

1. With Warrant or Court Order

a. Complaint filed and verified by the court.

b. By Virtue of Environmental Protection Order
c. By Virtue of Writ of Kalikasan
Note: No TRO for enforcement

2. Warrantless Arrest – same procedure

observed in general crimes
Lesson 4.5.13 Rules of Procedure in Environmental Cases

Precautionary Principle

In cases where human activities may lead

to damage to environment, actions shall be
taken to avoid/diminish that threat.
 Lesson 4.5.13 Rules of Procedure in Environmental Cases

Strategic Legal Action Against Public Participation

(SLAPP)

• Civil, criminal or administrative action

• Against any person, institution or any

government unit or its officials and employees

• With intent to harass, vex, exert undue pressure

or stifle the legal recourse in the enforcement of
environmental laws
 Lesson 4.5.13 Rules of Procedure in Environmental Cases

Strategic Legal Action Against Public Participation

(SLAPP)

• Accused: File a motion to dismiss on the ground that the

criminal action is a SLAPP.

• As a result, the proceeding on the main case is deferred.

• The court is required to rule on the defense of SLAPP

within sixty days.
 C. Custody/Disposition of Seized Items

1. Inventory, photograph the same in the presence of

the person from whom such items were seized.

2. If seized by virtue of search warrant, return warrant

to issuing court; Otherwise, submit seized inventory
report and other pertinent documents to public
prosecutor for appropriate action.

3. The court may cause public auction of seized items.

4. The proceeds shall be deposited with the

government depository bank.
 D. Bail

Special conditions are as follows:

1. The judge must read the information; and
2. The judge shall require the accused to sign a written
undertaking which contains the following:
a. That accuse will appear during arraignment;
and
b. That if accuse fails to appear without
justification, to waive the reading of the
information.
Lesson 4.5.13 Rules of Procedure in Environmental Cases

E. Arraignment and Plea Bargaining

Unlike in ordinary cases, the presence

and consent of concerned government
agency is required in plea bargaining for
environmental cases.
Lesson 4.5.13 Rules of Procedure in Environmental Cases

F. Pre-Trial

• The law enforcer-should be present

during pre-trial and assist in
identification and marking of sworn
statements and other exhibits.

• He/she should inform the prosecutor

on matters related to stipulations of
facts and admissions.
 Lesson 4.5.13 Rules of Procedure in Environmental Cases

G. Trial
• Continuous court trial for not exceeding three (3) months

• Prosecutor presents the evidence and testimonies to prove

the guilt of the accused

• Defense, on the other hand, present evidence and

testimonies to show that the accused is not guilty of the
offense charged.

• The testimonies of the witnesses are presented in the form

of judicial affidavits

• Opposing party is allowed to cross-examine the witness

Lesson 4.5.13 Rules of Procedure in Environmental Cases

H. Decision

Court decision shall be within ten (10)

months from date of arraignment.
 Lesson 4.5.13 Rules of Procedure in Environmental Cases

Let’s Do Role Playing!

1. Let us divide the class into four (4) groups.

2. Every group shall present a scenario through role

playing wherein you will apply the Rules of Procedure
for one (1) Environmental Case.

3. You are given 20 minutes to prepare your group

scenarios.

4. Every group will be given a maximum of 10 minutes to

perform in front.
 Lesson 4.5.13 Rules of Procedure in Environmental Cases

SUMMARY

You were able to know the procedure in handling

environmental cases to include the roles of police officer
in each level:
Arrest Custody/Disposition of
Complaint
Seized Items

Pre-Trial Arraignment/ Bail

Plea Bargaining

Trial Decision
Lesson 4.5.13 Rules of Procedure in Environmental Cases

Thank you
and
Have a Nice Day!!!
