Republic of the Philippines
HOUSE OF REPRESENTATIVES
Batasang Pambansa, Quezon City

FIFTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 2878

INTRODUCED BY REP. JOSEPH VICTOR G. EJERCITO

EXPLANATORY NOTE

This legislative measure seeks to amend Section 80 of Presidential
Decree No. 705, otherwise known as the "Revised Forestry Code of the
Philippines", as amended by Presidential Decree No. 1775.

It aims to mobilize barangay officials to help the Department of
Environment and Natural Resources and the Philippine National Police
personnel in protecting our forests.

Under this bill, aside from the forest officer or employee of the Forest
Management Bureau of the Department of Environment and Natural
Resources or any officer of the Philippine National Police, any barangay
official is now given the authority to arrest, even without warrant, and
file complaints with the appropriate official authorized by law to
conduct a preliminary investigation of criminal case, any person who
has committed or is committing in his presence, or attempting to
commit an offense against the forestry law, subject to Section 5, Rule
113, of the Rules of Criminal Procedure.

The immediate approval of this bill is earnestly requested.

=e _

JOSEPH VICTOR G. EJERCITO


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Batasang Pambansa, Quezon City

FIFTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 2878

INTRODUCED BY REP. JOSEPH VICTOR G. EJERCITO

AN ACT
AMENDING SECTION 80 OF PRESIDENTIAL DECREE 705,
OTHERWISE KNOWN AS THE REVISED FORESTRY CODE OF THE
PHILIPPINES, AS AMENDED BY PRESIDENTIAL DECREE 1775

Be it enacted by the Senate and the House of Representatives of the
Philippines in Congress assembled:

SECTION 1. Section 80 of Presidential Decree No. 705, as amended
by Presidential Decree No. 1775, is hereby amended to read as
follows:

"Sec. 80. Arrest: institution of criminal actions. — A forest
officer or employee of the Bureau, [or any] AN OFFICER OF
THE PHILIPPINE NATIONAL POLICE OR ANY BARANGAY
OFFICIAL [personnel of the Philippine Constabulary /
Integrated National Police] shall arrest even without
warrant any person who has committed or is committing or
attempting to commit in his presence any of the offenses
defined in this Chapter, SUBJECT TO SECTION 5, RULE
113, OF THE RULES OF CRIMINAL PROCEEDURE. He shall
also seize and confiscate, in favor of the Government, the
tools and equipment used in committing the offense. The
arresting forest officer or employee, OFFICER OF THE
PHILIPPINE NATIONAL POLICE OR ANY BARANGAY
OFFICIAL, shall thereafter deliver within six (6) hours from
the time of arrest and seizure, the offender and the
confiscated forest products, tools and equipment and file
the proper compliant 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
investigations, the delivery to and filing of the complaint
with the latter shall be done within a reasonable time
sufficient for ordinary travel from the place of arrest to the

‘ place of delivery. The seized products, materials and
equipment shall be immediately disposed of in accordance
with forestry administrative orders promulgatéd by the
Department Head.

The Department Head may deputize any OFFICER OR
EMPLOYEE OF ANY agency OF THE GOVERNMENT,
[agency, barangay or barrio official,] or any qualified
person to protect the forest and exercise the power or
authority provided in the preceding paragraphS.

Reports and complaints regarding the commission of any
offenses defined in this Chapter, not committed in the
presence of any forest officer or employee, AN OFFICER OF
THE PHILIPPINE NATIONAL POLICE OR ANY BARANGAY
OFFICIAL OR DEPUTIZED OFFICER OR EMPLOYEE OF ANY
AGENCY OF THE GOVERNMENT [or any personnel of the
Philippine Constabulary / Integrated National Police of 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, OR BY ANY QUALIFIED PERSON AUTHORIZED
TO PROTECT THE FOREST OR EXERCISE THE POWERS
UNDER THIS SECTION 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]
OR BY ANY QUALIFIED PERSON AUTHORIZED TO PROTECT
THE FOREST OR EXERCISE THE POWERS UNDER THIS
SECTION shall file the necessary complaint with the
appropriate official authorized by law to conduct a
preliminary investigation of criminal case and file an
information in Court.”

SEC 2. Rules and Regulations. - The Department of Environment and
Natural Resources and the Department of Interior and Local
Government shall jointly issue the rules and regulations of this Act
within thirty (30) days after its effectivity.

SEC 3. Repealing Clause. - All laws, decrees, executive orders,
proclamations, rules and regulations, or parts thereof inconsistent
herewith are hereby repealed or modified accordingly.


SEC 4. Separability Clause. - If any provision of this Act is held
invalid or unconstitutional, the other provisions not affected hereby
shall remain valid and subsisting.

SEC 5. Fffectivity Clause. - This Act shall take effect fifteen (15) days
after its publication in at least two (2) national newspapers of general
circulation

Approved,