Jejdbdbd DDJD D DJDJD D Rkeke

Lesson 4.5.
13
Rules of Procedure
In
Environmental Cases
Investigation Officers Basic Course

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 Goal
This lesson aims to provide the

students with knowledge on the
rules of procedures in handling
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.

Illegal loggers are Murderers!

As police officers, what do you think

is the importance of learning the Rules
of Procedure on 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
A. Complaint
Filed with the Office of the Prosecutor.
1. Who may file a complaint?
2. Requirements for the complainant?

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

Precautionary Principle
In cases where human activities may

lead to damage to environment, actions
shall be taken to avoid/diminish that
threat.

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

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.

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.

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.

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

H. Decision
Court decision shall be within ten (10)

months from date of arraignment.

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.

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
Complaint
of Seized Items
Pre-Trial Arraignment/ Bail

Plea Bargaining
Trial Decision
Thank you
and
Have a Nice Day!!!


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Lesson 4.5.

Investigation Officers Basic Course

Classroom Session Rules:

1. Let us respect each another 

2. There is no right and wrong point of

3. You may raise your hand for questions

Investigation Officers Basic Course

This lesson aims to provide the

Investigation Officers Basic Course

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

 Explain the rules of procedure in

 Discuss the role of police officers in every

Investigation Officers Basic Course

Illegal loggers are Murderers!

Investigation Officers Basic Course

As police officers, what do you think

Investigation Officers Basic Course

Filed with the Office of the Prosecutor.

1. Who may file a complaint?

2. Requirements for the complainant?

Investigation Officers Basic Course

1. With Warrant or Court Order

a. Complaint filed and verified by the court.

2. Warrantless Arrest – same procedure

Investigation Officers Basic Course

In cases where human activities may

Investigation Officers Basic Course

Strategic Legal Action Against Public Participation

• Civil, criminal or administrative action

• Against any person, institution or any government

• With intent to harass, vex, exert undue pressure

Investigation Officers Basic Course

Strategic Legal Action Against Public Participation

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

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

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

Investigation Officers Basic Course

C. Custody/Disposition of Seized Items

1. Inventory, photograph the same in the presence of

2. If seized by virtue of search warrant, return

3. The court may cause public auction of seized

4. The proceeds shall be deposited with the

1. The judge must read the information; and

2. The judge shall require the accused to sign a written

a. That accuse will appear during arraignment; and

b. That if accuse fails to appear without justification,

Investigation Officers Basic Course

E. Arraignment and Plea Bargaining

Unlike in ordinary cases, the presence and

Investigation Officers Basic Course

• The law enforcer-should be present during pre-

• He/she should inform the prosecutor on matters

Investigation Officers Basic Course

• Prosecutor presents the evidence and testimonies to

• Defense, on the other hand, present evidence and

• The testimonies of the witnesses are presented in the

• Opposing party is allowed to cross-examine the witness

Investigation Officers Basic Course