THE 1997 RULES FOR THE ADMINISTRATIVE ADJUDICATION OF ILLEGAL FOREST PRODUCTS AND THE MACHINERY, EQUIPMENT, TOOLS AND CONVEYANCES USED IN CONNECTION THEREWITH The issuance of this DENR Administrative Order is pursuant to Section 9 of PD 705 Sec. Rules and Regulations – The Department Head. . 9. shall promulgate the rules and regulations necessary to implement effectively the provisions of this Code. upon the recommendation of the Director of Forest Development (now the Forest Management Bureau). Apprehension Seizure Confiscation Disposition of: Forest products. which are: Illegally possessed Illegally cut Illegally gathered Illegally removed Illegally transported . Disposition of (used in connection of the illegal acts): Machinery Equipment Tools Implements Conveyances . Apprehension – The initial measure taken by the DENR when. are found or intercepted and the temporary possession and control over the same is taken/exercised by those authorized to make apprehensions Probable Cause – It is that logical inquiry that would lead a reasonable intelligent and prudent person to believe that an accused person has committed a crime. having determined the existence of probable cause to do so. . items listed as ILLEGAL FOREST PRODUCTS. Prima Facie Case (“On its face”)– A case in which the evidence presented is sufficient for a judgment to be made unless the evidence is contested . pending formal administrative proceedings for the disposition thereof. Seizure – Upon determination that an apprehension is supported by a prima facie case against the offender/s. seizure is the official act of taking by person authorized hereof into government custody. . confiscation is the official act of the DENR declaring that the ILLEGAL FOREST PRODUCTS become the property of the Government of the Republic of the Philippines.CONFISCATION Upon determination of guilt in administrative proceedings. have been cancelled or t that contain forged entries. 2. collected. With spurious or fake authorizations.Any forest product(s) that are removed. 4. 3. and/or supporting documentation. Without the requisite authorization or permit. permits. possessed and/or transported: 1. . Original documents shall be required at all times to actually accompany any forest products being moved or transported to any place and for any purpose. With incomplete required supporting documents. cut. With genuine authorizations or permits and/or supporting documentation that have an expired validity. Forest Officers Deputies Members of law enforcement agencies Private citizen as provided for by law . any DENR Regional Technical Director (RTD) actually assigned to the area of apprehension at the time thereof. any Senior Forest Management Specialist (SFMS) or Senior Environmental Management Specialist (SEMS) actually assigned to the area of apprehension. . Regional Executive Director (RED) or in his absence. Provincial Environment and Natural Resources Officer (PENRO) or in his absence. Secretary may. designate. a DENR Officer with the rank of Forester III or Land Management Officer III (LMO III) actually assigned to the area of apprehension at the time thereof. Community Environment and Natural Resources Officer (CENRO) or in his absence. such other DENR Officers for the purpose . from time to time. in writing. the release of all the items inspected must be effected immediately. In the absence of an official DENR seal. the apprehending officer shall establish his identity to any person(s) witnessing the activity. permits. Upon encountering a possible violation of forestry laws. If all requisite authorizations. rules and regulations. and the probable cause for an apprehension is absent. He must conduct an ocular inspection of all the required An official DENR seal of inspection/verification must be . The apprehending officer shall at all times affix his signature. and accompanying documentations are verified to be in order. authorizations and verify the same. rubber-stamped on the face of all the transport documents inspected. the apprehending officer shall write the date and state the fact of inspection. The apprehending officer shall thereafter prepare a detailed report of apprehension under oath or an affidavit of apprehension for the possible institution of a criminal complaint. the apprehending officer shall verbally inform the person apprehended of his findings and prepare a written report of the violations including the recording the names and addresses and other available data of all persons found in possession or are involved including the tools.Should inspection indicate a violation of forestry laws. and the probable cause for an apprehension is present. machineries if any and issue apprehension receipts corresponding to the items apprehended. . rules and regulations. The apprehending officer shall immediately deliver the items apprehended to the nearest Seizure Officer who shall forthwith acknowledge. date and incident of the apprehension for custody. sign and issue Seizure Receipt detailing the items. In case it is impracticable to deliver the apprehended items to the Seizure Officer. the apprehending officer shall deposit the same for temporary safekeeping under him or any public officers or elected officials or person with proven integrity in the community where the apprehension was effected . . and that the items are proceeds of the violation. the Seizure Officer shall verify the existence of a prima facie case against the offender by examining all the documents submitted to him as well as the apprehending officer and witnesses in order to satisfy himself that an offense has been committed. the Seizure Officer shall immediately declare this fact by issuing a Seizure Order. Should he find a prima facie case against the offender. Immediately upon receipt of the apprehended items. that the evidence at hand indicates the offender is probably guilty thereof. The proceedings shall be recorded and summary in What is a Summary Proceeding? . . or as soon as practicable after the issuance of a Seizure Order. the Seizure Officer shall set a hearing notifying the offender and all concern as well as interested parties. nature.Legal proceedings are regarded as summary when they are shorter and simpler than the ordinary steps in a suit.the formal procedures normally applicable to matters such as conducting discovery are dispensed with . Immediately upon. failing which. and the controversy deemed closed and ordering that the item seized returned to the concerned individual or entity.relevant evidence as a reasonable mind might accept as adequate to support a conclusion. Substantial Evidence. Decision shall become final and executory upon the lapse of 15 days from receipt thereof unless a Motion for Reconsideration or an Appeal is filed. a ruling shall be issued dismissing the case. The Decision shall be rendered by the RED upon the recommendation of the Hearing Officer. Substantial Evidence shall suffice to sustain an administrative decision adverse to interested parties. . Party aggrieved has a non-extendible period within which to appeal any adverse decision or ruling on the matter with the Office of the Secretary . Party aggrieved by the decision may file only one (1) Motion for Reconsideration within a non-extendible period of 15 days. such as but not limited to: . . and should available evidence establish that the conveyance may be used for lawful purpose. .Personal mode of transportation. or . When a conveyance is apprehended and anytime thereafter pending final disposition of the administrative case.Commercial passenger transport.Other similar legal use .Cargo hauling. The . Applicant has not previously been held administratively or criminally liable for violation of forestry laws. The 3.Temporary release thereof to the owner or claimant or other interested parties may be applied for. Official Registration and supporting documents thereof are secured and made an integral part of the records of the case and shall not be released unless ordered in the final decision of the case or by other competent authority. Applicant was not among those who were apprehended and is not a respondent in the case. rules and regulations. and release thereof to the applicant pendente lite may be granted upon compliance of the following: 1. and 2. Posting of Bond. 5. Submission by the Applicant of a sworn statement declaring the precise nature of his claim. 6. That available evidence does not in any way indicate the complicity of the Applicant. .4. stating the replacement cost of the conveyance and the unconditional undertaking to return possession of the conveyance to the DENR as may be required for the final disposition of the case. that he has not been previously been held administratively and criminally liable for violation of forestry laws. describing the precise lawful use(s) to which the conveyance shall/may be applied during the pendency of the case. the temporary release of a conveyance to the owner or claimant or other interested party may be applied for. .Important: Under Section 9. may be granted by the Hearing Officer upon compliance of the requirements provided under this DAO. pendente lite. and the release thereof to the Applicant. Important: The Regional Executive Director (RED) issues the Order of Confiscation upon the recommendation of the Hearing Officer. . Said Order tantamounts to a PERMANENT CONFISCATION of the conveyance in favor of the government. D. but already PERMANENT in nature. after due consideration of the evidences presented. 705. . if the RED.Important: On the other hand. absolves the owner of the conveyance from liability under P. the release of the conveyance is not merely temporary. pending litigation. is well within the authority of the Hearing Officer. it is clear under Section 9 that the temporary release of the conveyance. .Important: Therefore. thus absolving him from any liability. .Important: The RED’s authority comes into picture when he decides whether to confiscate the conveyance in favor of the government or permanently release the same to the owner. the Apprehending Officer may. In addition to the functions outlined. whenever circumstances so warrant. effect the arrest and detention of any person(s) apprehended and forthwith deliver such person(s) to the proper authorities in accordance with the provisions of PD 705 as amended .