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

• Number: Presidential Decree No. 1775
• Sections: 3

Preamble

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 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."

Section 2

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.

(Sgd.) FERDINAND E. MARCOS

President of the

Philippines

By the President:

(Sgd.) JOAQUIN T. VENUS, JR.

Deputy Presidential Executive Assistant

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