environmental law enforcement workshop

NARRATIVE REPORT/ MINUITES OF THE SEMINAR-WORKSHOP ONENVIRONMENTAL LAW ENFORCEMENT HELD ATBAYVIEW PARK HOTEL, MANILA CITYON FEBRUARY 14-17, 2012The Seminar-Workshop on Environmental Law Enforcement was designed to equip withdexterity the EMB Directors and technical personnel in handling cases relative to theimplementation and enforcement of environmental laws.Day 1.The seminar proper started with a popular praise song followed by the singing of thenational anthem. A heart-warming welcome remarks was delivered by Atty. Juan MiguelCuna the EMB Central Office Director. In his message Dir. Cuna stressed that the DENRhas always been on top of the line in the implementation of environmental laws and wehave not run short of our Education and information campaign but we lack the legalassistance in the implementation esp. in the provinces/regions.USEC Adobo whose message was delivered by his staff Engr. Roberto Aguda, remarkablydeclared that we have sufficient laws to effectively implement our mandates, yet we stillexperience environmental degradation. Environmental abusers are laughing at our back, hesaid. We are yet to reach the point where DENR cracks down environmental abusers. Caseshave been filed but due to technicalities encountered some DENR officials arediscouragingly counter charged and are made to spend for legal assistance from their ownpocketsAfter the recognition of the participants, Dir. Roberto D. Sheen stated the objectives of theseminar.On the first day the participants were divided into four (4) groups for proper recognition ofidentical issues. Regrouping were as follows:Group 1. CAR, Regions 1-3- Luzon AGroup II. NCR, Region IV A & B and Region 5- Southern LuzonGroup III.Regions 6-8- VisayasGoup IV Regions 9-13 & ARMM Mindanao

Upon instruction of Atty. Ronely Sheen one of the trainors, the groups used metacards towrite their expectations on the training content, process to be used, the resourcespeakers/facilitators and to their co-participants. Output of participants was processed byAtty. Ronely Sheen.In the second activity during the morning session, the four groups were requested to makeas assessment on the State of Philippine Environmental Law Enforcement. The groupspresented their outputs.In the afternoon, the groups identified some problem areas in the enforcement of EEIS,RA9003, RA 8749, RA 1586, RA 6969 and RA9275. For every problem areas identified, thegroups also stated the initial Action Taken by their regionsIssues/ Comments Raised:Issues and Concern Raised by Resolutions CommentsDay 1.Law enforcement is Group IV/not enough there is a Mindanao Groupneed to reviewexisting policies inthe implementation oflawsTire pyrolysis Central andNorthern LuzonGrpLegal basis for ERFas operating fundsshld be establishedLuzon A grpCentral Office shld helpus in the legal case fortire pyrolysis. Theproponent filed civil casefor damages in RTC-Grounds for Luzon A grpissuance of CDO- -nodefinition of grave Luzon A. Grpand irreparabledamage-small and mediumenterprises can notafford penalty ofP10,000.00 (example:rice mill)Chevalier Case Luzon A.-EMB- The wastes It was a result of good

NCR were already coordination betweentreated and two regions.disposed off ina landfillNotice to sue Visayas Grp AD Gonzales: Policiesthat would addresspolicies with gaps inimplementation forexample, Issue on Noticeto Sue, haveapprehensions, noregional officers of DENRwould do this for reasonthat it will createnegative reactions fromLocal GovernmentEnforcers. We’ll try to letthe commission work onthis aspects. We’ll stayduring the workshop sowe can identify policiesthat need to be addressat EMB, may draftguidelines but we need alot of legal help- forexample, funds, administrative matters, we’llwork on it in succeedingManCons.200meters distance of R-10 200 m distance shld belandfills from privatecounted from theareasperimeter of thebufferzone owned by aprivate ownerECC on landfill-Shldwe count the bufferzoneR-10 Laws shld beliberallyconstrued,enforcement isdifficultAD Gonzales- onprescriptions, guidelinesand limitations- reallyvery general, notabsolute, no ideallocation, we’ll always beconstrainedbysomething else- but canbe implemented byappropriate design,

ordinances (mitigatingmeasures) operationaldesignSanitary Landfill:Brgy. Constructed aschool buildingproximate to thelandfill, now theschool and residentswant to removelandfillMindanao GrpAD Gonzales: Sanitarylandfill with the correctdesign and operation issafe; you can still havethe option to closelandfill but explorepossibilities that it is nota threatWastes allegedlyresidual, damped inRegion 1 by hauler ofwaste contractor ofthe city of BaguioRegion 1, RD JoelSalvadorAD Gonzales: For solidwastes it is not only RA9003 that can beapplied, you can useother laws like CWA, EIAOn RA 9003 –If workof EMB is onlysecretariat, who willcheck others. Powerwas not given to DILGMindanao GrpAD Gonzales: EMB is theSecretariat, EcologyCenter has specifiedfunctions, and the DENRincluding EMB- but doesit provide the full powersof enforcement- or doesit require confirmationby the Commission? I’dsay it has to besubmitted to thecommissionforaffirmation.Board isrecommendatory body,only Congress directlyconferred DENR thepower to enforce the

use MOU for EPEPMedical wastes beingleft because wastewas not treated, isthere a caseLuzon B grp You have toshow theevidence.Substantial evidence ifcase is administrative,preponderance if civil,beyond reasonable doubtif criminalNecessity of PABresolution beforefiling a criminal caseWrit of kalikasan:Affects two or moreprovinces or cities ,what if it is only onemunicipalityDay 3.Luzon B GrpPAB resolution is notneeded, law alreadyconfers authority toEMBRegions have theauthority to determinethe violation but stillhave to inform PABsince only PAB can issueresolution to file acriminal case-special civil action-Conduct of ArrestSeizure and detentionAbandoned chemicalsin Caloocan Cityalleged to behazardous. QuestiononcustodialauthorityRDNCRSheen-EMB-ProceduralProcesses hastobeundertaken. Todraft a listwould entailanother timeand anotherforum.Paramount issue is thesecurity of theenforcement officer , notonly legalCan we be provided witha checklist of protocolon custodial authorityAtty. Ronely Sheen ofTanggol- With duerespect to RD Sheen,List of Protocol can notbe done overnight.

Day 2.Topic: Enforcement options under the EEIS with mining act in relation to EEISDay 2AM Session1 st Lecture: Enforcement Options under the EIA with the Mining Act in relation to the EIA(Atty Genee)2nd Lecture: Enforcement Options under the Clean Water Act (Atty Lolly)- difference between law enforcement and implementation- law enforcement: penal sanctions, elements of the law, prohibited actsTake note of liabilities and optionsall the elements of the offense are present- you compel compliance or you impose the fineLecturer: clean air act and clean water act – there is criminal liability when there is grossviolation (defn: gross violation shall mean any of the following: 3 cases- 1) deliberatedischarge of toxic pollutants under RA 6969 in toxic amounts; 2) toxic amount definedunder CWA-- Regions have authority only to determine the violation, but still have to inform the PAB –since only PAB can issue resolution to file a criminal case- but region can file necessary complaint for PAB to take actionEnforcement Options on the Clean Air Act (Atty Genee)- annual national air status report- integrated air quality frameworkair quality control action plandesignation of non-attainment areas, airsheds- air pollution techniques- air pollution emission fees,- DOST coordination- issue permits and emission quotas, emission standards- institute administrative action- only 3 prohibited acts: Violation of Standards, Violation of Standards for Motor Vehicles(DOTC)Enforcement of the Marine Pollution Decree (Glenn Forbes)- oil spill – primary responsibility of Coast Guard

Lecturer- In Marine Pollution only willful violations are penalized accidents are notcovered.Environmental Rules of Court- designation of 117 environmental courts (hears all cases involving environmmental cases)– SC Admin Circular 2008-09- promulgation by SC of the Rules of Procedure for Environmental Cases (2009 effectivity)- objectives of the rules- mandates: forest and protected areas, special civil cases, criminal cases- precautionary principle consider implication in health and environment- courts to monitor environmental cases- salient features:- liberalized standing - any real party-in-interest- govt, juridical entities, individuals(duly registered) may file a case- citizen’s suit –- payment of docket fees is deferred for citizen’s suit –- allowed pleadings only (delaying tactics removed)- continuous trial (not to exceed 3 mos), direct examination and deposition- judicial affidavit—no examination required (affidavit serves as the testimony), but subjectto cross exam, re-direct, re-cross- one year to decide the caseWrit of Kalikasan- special civil action- constitutional right to the environment is threatened by an unlawful act or violation (andother criteria)- affects two or more provinces or cities pano kung municipality? Pupuwede pa din? Writ of Kalikasan with prayer for issuance of TEPO (Baguio City)- Boracay: barangayCriminal Procedure- Complaint-affidavit - sworn written statement in question and answer form, charging aperson with an offense, subscribed by the offended party, any peace officer or other publicofficer charged with the enforcement of the environmental law violated- peace officers can file case- creation of defense fund where enforcers get financial support in case of suit casesDay 3.Topic 1. How to Conduct Arrest, Search, Seizure and Detention (Glenn Forbes)

- as soon as apprehension isconducted and the elements of the crime are present, then acase can be filed- be strict in gathering the necessary documents and follow criminal procedures- establish basis for criminal procedure: without neglecting rights of the accused- Purpose of the provisionAll searches and seizures are unreasonable unless authorized by a judge through a warrantof arrest or search- Arrest – taking into custody of a person in order that he may be bound to answer for thecommission of an offense.- general procedure: 1) by actual restraint; 2) by submission to the custody of theperson making the arrest no violence or unnecessary force shall be used (warningshots prohibited);- method of arrest – 1) by virtue of a warrant; 2) without a warrant (inform the personof his authority to make the arrest) and in no way shld the Miranda Doctrine beignored.- warrantless arrests:1) when in the presence of the person making the arrest, the person to bearrested- who may make the arrest?- police officers- deputized individuals- private persons- NBI- bailor- sheriff/deputy sheriff- provincial/city probation officer- commissioner of LTO and his deputiesDuties of the arresting officer- Bail in environmental cases- peculiar in environmental cases: signing a written undertaking: promise toappear in court, if accused does not appear in court, allows court to enter aplea of not guilty on behalf of the accused and set the case for trial =trial inabsentia- removes the delay brought about by absence of the accusedSearchesThe total exclusionary ruleItems that may be confiscated or seizedWhat to do with confiscated items- conduct an inventory- take photographs of the items (with evidence tags)

- issue receipt of inventoried items- give copy of the inventory to the accused- turn over to proper authority- get turn-over receiptCustody and Disposition- in accordance with internal rules and regulation of concerned governmentagency- if no internal rules- take photograph/document the items- submit same to issuing court (where warrant was issued)- submit same to prosecutor (if warrantless)- move for auction of seized items, equipment and paraphernalia, tools orinstruments of the crime- proceeds to be held in trustTopic 2. Evidence Gathering & Rules on Evidence (Atty Arnie Rabe-Manuel)Kinds of evidence-object-documentary- testimonialDocumentary Evidence- Best evidence ruleTestimonial Evidence