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;

NOW, THEREFORE, I, FERDINAND E. MARCOS,
President of the Philippines, by virtue of the pothers vested in me by the
Constitution, do hereby decree that:

SECTION 1. Section 80 of Presidential Decree
No. 705 is amended to read as follows:

“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 produces, tools and equipment and file the
proper complaint with, the appropriate official designated by law to conduct
preliminary investigation and file information, in Court.

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 authorize by law to conduct a preliminary investigation
of criminal case and file an information in Court.”

SEC. 2. This Decree shall take effect
immediately.

Done in the City of Manila this 14th day of January, in the
year of Our Lord, nineteen hundred and eighty-one.

 

Vol. 25, Vital Documents, Presidential Decree 1980-1981

(SGD.) FERDINAND E. MARCOS
President of the Philippines

By the President;

(SGD.) JOAQUIN T. VENUS, JR.
Deputy Presidential Executive
Assistant