RULES OF CRIMINAL PROCEDURE FOR ENVIRONMENTAL CASES

1. 1 Administrative vs. Criminal Sanctions vs

Sps. Chua vs. Hon. Jacinto Ang, 598 SCRA 229 (2009) th S the Supreme C Court h ld th t t held that in cases where the special law is silent in its p provisions requiring that a party be finally q g p y y adjudged as administratively guilty of violating the law as a condition precedent before a criminal action may be instituted the instituted, fundamental principle that administrative cases are independent from criminal cases, shall be observed. Therefore, the Prosecutors shall conduct preliminary investigation on offenses complained of, defined and penalized under the special law, without waiting for the results of the administrative adjudication.

2. Complaint is filed with p p p proper officers in accordance with the Rules of Court.
A. A Provincial or City Prosecutor and their Assistants. B. National and Regional State Prosecutors, other officers as may be authorized by law For purposes of Preliminary Investigation to determine probable cause cause.

3. Special Prosecutors (Rule 9, Sec. 3)

A. Where there is no private offended party, a counsel whose services are offered b any l h i ff d by person or organization may be allowed by the p Court as Special Prosecutors with the consent of and subject to the control and supervision of the Public Prosecutor B. Environmental law offenses are without private offended parties or so called victimless crimes. Therefore the interest to prosecute the violator lies in the hands of Peoples Organization and NGO who readily assist i O i ti d NGOs h dil i t in the prosecution of the case by providing spec a p osecuto s, pe aps spec a ed special prosecutors, perhaps specialized in environmental law

4. Implied Institution of Civil Action with the Criminal Action.

A. For recovery of civil liability arising from the offense charged unless reserved, waived, or prior institution of civil action. B. Filing fees and other legal fees should constitute fi t li tit t first lien on th j d the judgment award. t d

C. If there is no private offended party entitled to civil indemnity, the indemnification of damage awarded accrues to the funds of the government agency tasked with the environmental law violated. The award of damages is always net of filing and other legal fees

5. Lawful Warrantless Arrest

A. Those individuals deputized by the proper government agency shall enjoy the presumption of regularity in the performance of duty duty. With respect t to t that th t disputable di t bl presumption under Rule 131 the burden is on the party assailing the validity of arrest to prove that the arrest was illegal.

6. 6 Warrant of Arrest

Accused is informed of the charge against him, at the earliest opportunity since under RPEC, RPEC all warrants of arrest issued by the Court shall be accompanied by a certified true copy of the Information filed. Ordinarily, accused is informed only at the Arraignment.

7. Bail Rule 7 B il R l 14

A. Where bail is granted, the Court may issue g , y HDO. B. Before application for bail is granted, the Court must read the Information to the accused in a language known to and understood by him and require accused to sign a written undertaking as follows:

b.1. To appear before the Court that issued the warrant of arrest for Arraignment purposes on the date scheduled, and if he fails pp j , to appear without justification, he waives the reading of the Information and authorizes the Court to enter a plea of Not Guilty on her behalf and set the case for trial trial. b.2. To appear whenever required by the Court where the case is pending; and b.3. To waive the right of the accused to be present at the trial and upon failure of the accused to appear without justification and despite due notice, the trial may proceed in absentia.

8. Arraignment R l 15 8 A i t Rule

A. Set within 15 days from the time it acquires jurisdiction over th accused, with notice t j i di ti the d ith ti to the public prosecutor and offended party or concerned government agency that it will entertain plea bargaining on the date of the Arraignment. g B. Plea Bargaining g g

C. Where Prosecutor and offended party p y or concerned government agency agree to the plea offered to the accused, the Court should : 1. 1 Issue order which contains the plea bargaining arrived at 2. Proceed to receive evidence on the civil aspect of the case, if any, and 3. Render and promulgate judgment of conviction, conviction including the civil liability for damages

9. Pre-trial Pre trial

A. Preliminary C f A P li i Conference Branch Clerk of Court

before b f

the th

B. During the Pre-trial, the Judge shall place the parties and their counsels under oath.

10. Trial Rule 17

A. Continuous t i l which shall not exceed A C ti trial hi h h ll t d 3 months from the date of issue of the Pre-trial Order Order. B. B Affidavits in lieu of direct examination examination, subject to cross-examination and right to j p object to inadmissible portions of the affidavits.

C. The Court may require the parties to y q p submit their respective Memo if possible, in electronic form, within a nonextendible period of 30 d t dibl i d f days f from th the date the case is submitted for decision. D. With or without Memo filed, the Court shall have 60 days to decide the case counted from the last day of the 30 day p period to file Memo. E. Case shall be disposed within the p period of 10 months from the date of Arraignment.

11. Provisional Remedies in Environmental Cases :

A. TEPO and EPO available in civil cases also available in criminal cases. B. Attachment the grounds for application will be issued the same as that in ordinary criminal action.