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PRESIDENTIAL DECREE NO. 1775
PRESIDENTIAL DECREE NO. 1775 -
AMENDING Section EIGHTY OF PRESIDENTIAL DECREE NUMBERED SEVEN HUNDRED
FIVE, AS AMENDED, OTHERWISE KNOWN AS THE "REVISED FORESTRY CODE OF THE
PHILIPPINES"
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WHEREAS,
criminal administration of justice against forestry law violators
should be speedily dispensed with the "Revised Forestry Code of the
Philippines" further strengthened by making it more responsive to
present realities; chanroblesvirtualawlibrary
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;chanroblesvirtualawlibrary
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 forestry 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
decree that: chanroblesvirtualawlibrary
Section 1. Section 80 of Presidential Decree No. 705
is amended to read as follows:cralaw:red
"Sec. 80. Arrest: institution of criminal actions. —
A forest officer or employee of the Bureau or any personnel of the
Philippine Constabulary/Integrated National Police shall arrest even
without warrant any person who has committed or is 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 of 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 products, tools and equipment and
file the proper complaint with, the appropriate official designated by
law to conduct preliminary investigation and file information in
Court. chanroblesvirtualawlibrary
If the arrest and seizure are made in the forest, far from the
authorities designated by 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, barangay 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 or 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. chanroblesvirtualawlibrary
Done in the City of Manila,
this 14th day of January, in the year of Our Lord, nineteen hundred and
eighty-one.
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