Amending Section Eighty Or Presidential Decree Numbered Seven Hundred Five, As Amended, Otherwise Known As The "Revised Forestry Code Of The Philippines"

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M a n i l a

PRESIDENTIAL DECREE No. 1775

AMENDING SECTION EIGHTY OR PRESIDENTIAL DECREE NUMBERED SEVEN HUNDRED FIVE, AS AMENDED, OTHERWISE KNOWN AS THE "REVISED FORESTRY CODE OF THE PHILIPPINES"

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;

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 forestry law violators except when they are lawfully deputized by the Minister of Agriculture and Natural Resources pursuant to the said Code;

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Summary of Presidential Decree No. 1775

Amending Section 80 of the Revised Forestry Code of the Philippines

- Authorizes forest officers, employees of the Bureau of Forestry Development, and personnel of the Philippine Constabulary/Integrated National Police to:
• Arrest without warrant any person committing forestry offenses in their presence. (Section 1)
• Seize and confiscate tools, equipment, and forest products involved in the offense. (Section 1)
• Deliver the offender and confiscated items within 6 hours to the appropriate official for preliminary investigation and filing of information in Court. (Section 1)
• If the arrest is made in a remote forest area, delivery and filing of the complaint shall be done within a "reasonable time" sufficient for the place of delivery. (Section 1)
• Seized products, materials, and equipment shall be immediately disposed of in accordance with forestry administrative orders. (Section 1)

- The Department Head may deputize any agency, barangay/barrio official, or qualified person to protect the forest and exercise the powers mentioned above. (Section 1)

- For offenses not committed in the presence of authorized officers, the following steps shall be taken:
• Forest officers assigned in the area or personnel of the Philippine Constabulary/Integrated National Police shall immediately investigate the report or complaint. (Section 1)
• If there is "prima facie evidence" to support the complaint or report, the investigating officers shall file the necessary complaint with the appropriate official for preliminary investigation and filing of information in Court. (Section 1)