New prosecutors to boost law enforcement in protected areas
Press Release Date: July 11, 2016
In a training co-organized by Oceana Philippines, Supreme Court Associate Justice Diosdado Peralta urged the newly appointed special prosecutors for protected areas to make use of the innovations under the Rules of Procedure for Environmental Cases (‘Rules’) to go against violators.
“In environmental cases, everybody is an offended party,” said Justice Peralta. As one of the high court’s justices who drafted the Rules in 2010, Peralta acknowledged the inputs of members of non-government organizations and peoples organizations whose experiences in helping prosecute illegal fishers and loggers and polluters provided the basis for changes from the rules of court.
One of these is the use of authenticated photographs in lieu of physical evidence such as fish or timber, that either spoil easily or are difficult to bring to the court. “Everybody has a cellphone now, so it is very important for law enforcers to always take a photograph and do an inventory in the presence of witnesses,” Justice Peralta said.
In 2015, then-Justice Secretary Leila de Lima appointed 10 new prosecutors for protected areas in compliance with Section 19 of Republic Act 7586 or the NIPAS Act of 1992, which provides that, “The Department of Justice shall designate special prosecutors to prosecute violations of laws, rules and regulations in protected areas.” As of 2014, the Department of Environment and Natural Resources (DENR) had listed 240 protected areas in the Philippines.
Justice Peralta urged the special prosecutors, who attended the training in early June together with DENR enforcers, to ensure that judicial affidavits are done properly. Such documents, which are mandatory in environmental cases, speed up the resolution of cases by doing away with lengthy narratives in court and allowing immediate cross-examination of witnesses during trials.
Peralta also encouraged the prosecutors and enforcers to make use of the provision on Strategic Lawsuit Against Public Participation (SLAPP) , often known as harassment suits. He called on prosecutors to dismiss criminal cases against law enforcers and advocates at the preliminary investigation stage if there are grounds to do so citing the anti-SLAPP provision in the Rules. For cases where cases had been filed in court, he advised the enforcers to use it as a defense prior to their arraignment. The SLAPP defense gives environmental defenders an additional layer of protection in court when they are sued in performing their duties. “If it’s a SLAPP suit, file a motion to dismiss at once if there is no cause so that it can no longer be re-filed,” he said.
Atty. Gloria Estenzo Ramos, Vice President for Oceana Philippines, called on civil society and government to continue working together in prosecuting environmental cases. “As an advocate, I firmly believe that the law has to be alive. I hope workshops like this can be replicated in other departments. Our collaboration in upholding the law is crucial in protecting our natural heritage,” she said.
In a training co-organized by Oceana Philippines, Supreme Court Associate Justice Diosdado Peralta urged the newly appointed special prosecutors for protected areas to make use of the innovations under the Rules of Procedure for Environmental Cases (‘Rules’) to go against violators.
“In environmental cases, everybody is an offended party,” said Justice Peralta. As one of the high court’s justices who drafted the Rules in 2010, Peralta acknowledged the inputs of members of non-government organizations and peoples organizations whose experiences in helping prosecute illegal fishers and loggers and polluters provided the basis for changes from the rules of court.
One of these is the use of authenticated photographs in lieu of physical evidence such as fish or timber, that either spoil easily or are difficult to bring to the court. “Everybody has a cellphone now, so it is very important for law enforcers to always take a photograph and do an inventory in the presence of witnesses,” Justice Peralta said.
In 2015, then-Justice Secretary Leila de Lima appointed 10 new prosecutors for protected areas in compliance with Section 19 of Republic Act 7586 or the NIPAS Act of 1992, which provides that, “The Department of Justice shall designate special prosecutors to prosecute violations of laws, rules and regulations in protected areas.” As of 2014, the Department of Environment and Natural Resources (DENR) had listed 240 protected areas in the Philippines.
Justice Peralta urged the special prosecutors, who attended the training in early June together with DENR enforcers, to ensure that judicial affidavits are done properly. Such documents, which are mandatory in environmental cases, speed up the resolution of cases by doing away with lengthy narratives in court and allowing immediate cross-examination of witnesses during trials.
Peralta also encouraged the prosecutors and enforcers to make use of the provision on Strategic Lawsuit Against Public Participation (SLAPP) , often known as harassment suits. He called on prosecutors to dismiss criminal cases against law enforcers and advocates at the preliminary investigation stage if there are grounds to do so citing the anti-SLAPP provision in the Rules. For cases where cases had been filed in court, he advised the enforcers to use it as a defense prior to their arraignment. The SLAPP defense gives environmental defenders an additional layer of protection in court when they are sued in performing their duties. “If it’s a SLAPP suit, file a motion to dismiss at once if there is no cause so that it can no longer be re-filed,” he said.
Atty. Gloria Estenzo Ramos, Vice President for Oceana Philippines, called on civil society and government to continue working together in prosecuting environmental cases. “As an advocate, I firmly believe that the law has to be alive. I hope workshops like this can be replicated in other departments. Our collaboration in upholding the law is crucial in protecting our natural heritage,” she said.