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Saturday, February 21, 2004
Due process must be observed in illegal logging prosecution: DENR
THE Department of Environment and Natural Resources (DENR) is an agency mandated to protect, maintain and conserve the country's natural resources.
When it comes to the prosecution of environment cases in court, it has limited authority, clarified regional executive director Vicente Paragas on the perception that the DENR is wholly responsible to prosecute illegal logging cases in court.
"I wish to clarify to the people of Western Visayas that one of the responsibilities of the DENR as required by law is to enforce existing forestry laws, rules and regulations including apprehension, seizure and confiscation of illegally cut, gathered, possessed and/or transported forest products," he said.
However, in pursuing this, it shall comply constitutional provision on due process.
Upon the apprehension, the DENR shall conduct administrative hearing pursuant to DENR Administrative Order No. 97-32.
Should it find prima facie evidence that the respondent indeed violates PD 705 as amended, appropriate complaint shall be filed either at the Municipal Trial Court for the conduct of preliminary investigation.
The DENR lawyers will provide the required documents during the preliminary investigation, he added.
After the preliminary investigation, the information is filed in court and the prosecution of the case is now handled by the prosecution arm of the government (the provincial prosecutor or the State Prosecutor who previously conducted the preliminary investigation).
The DENR lawyers may only appear as collaborating counsel if expressly authorized by the prosecutor under his direct supervision and control, Paragas stressed.
The provincial or state prosecutor pursues all criminal cases filed in court against any environmental violator, Paragas explained.
He prosecutes even without the aid of a DENR lawyer. Moreover, the presence of a DENR lawyer may not be necessary. It is the prosecutor who decides whether he needs the presence or collaboration of the DENR lawyer, he said.
"The fear of whitewashing an illegal logging case by many people who do not understand these procedures may put the DENR in a bad light," Paragas added.
The DENR is not the prosecuting arm but the guardian whose role is to see to it that proper charges are filed and necessary documentary and testamentary evidences are presented in court, he further said.
In the latest hearing of an illegal case against Vicente Bacordo, et. al. in Bacolod City, there were some speculations from observers that the case may be whitewashed due to the absence of Lawyer Virgilia Dioquino, a DENR lawyer.
Paragas, however, said a "whitewash" of the case is very remote considering that the hearing is done in open court.
DENR is confident that the competence of state prosecutor Isagani Rabe is an assurance that DENR will win this case, he said.
To fill up the void in the absence of DENR lawyers, Sec. Elisea Gozun promised that she would be assigning volunteer lawyers to assist in the prosecution.
(February 21, 2004 issue)
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