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JUNE 25, 2020 ADMINISTRATIVE CONFISCATION PROCEEDINGS

TWO CASES WITH RESPONDENTS & TWO CASES WITHOUT/ ABANDONED


FOREST PRODUCTS

WITH RESPONDENT(S):

Party(s) involved:

Respondent: Mr. Melody Bohol (OWNER OF THE FURNITURE)

APPREHENDING OFFICER(S): JUNIL A GULTIANO, et.al (PNP Apprehending


Officer)
Buenavista Municipal Police Station
Facts:

The apprehending officers secured a search warrant from the proper


judicial authority and immediately served and executed which lead to the
confiscation of the alleged illegal forest products, and other basics tools for the
operation of the furniture shop. After the execution of the warrant the case was
filed and during arraignment the accused pleaded guilty to the offense charged.

In the admin proceeding, another date (July 2, 2020) was scheduled for
another hearing to give the respondent the opportunity to present documents
to defend himself and prove the legality of the forest products in his
possession.

RESPONDENT(s): Michael Abian Bohol (OWNER OF THE FURNITURE)

APPREHENDING OFFICER(S): ): JUNIL A GULTIANO, et.al (PNP Apprehending


Officer)
Buenavista Municipal Police Station

Facts:

This case commenced when the apprehending officer arrested the


respondent without a warrant for the violation of forestry related case (PD 705).
The apprehending officer immediately filed the case before the prosecutor’s
office and preliminary investigation was conducted by the prosecutor, and the
Resolution is not released by the office.
In the admin proceeding, the respondent divulged the fact that a case
was already filed against him and it was determined that it is in the
prosecutor’s office and further alleged that he just bought the forest products
from a lumber dealer and for that reason he was required by the chairman to
bring with him the documents (official receipt) next proceeding (July 2, 2020) to
prove his allegations and free himself from any administrative sanctions and
the forest products from confiscation.

TWO CASES WITHOUT RESPONDENT/ABANDONED FOREST PRODUCTS

Since the cases had no respondent involved and no individual appeared


to claim ownership over the forest products within the reglementary period
provided by law, the Technical Working Group immediately gave its
recommendation to confiscate the forest products in favor of the government.

JUNE 26, 2020 ADMINISTRATIVE CONFISCATION PROCEEDINGS

RESPONDENT(S):

DRIVER: Marven Ralph G. Congayo


OWNER OF CONVEYANCE: Arturo Cinco
(L300 VAN)

APPREHENDING OFFICER(S):
PCPT. RODEL DURADO, et.al
PLT. ABEL M. BULAWAN

FACTS:
At the commencement of the proceeding the chairman asked CAPT.
BULAWAN to turn-over the conveyance and the forest products to DENR
Nasipit so that the seizure receipt be issued and furnish the TWG of the copy of
the complaint filed against the driver.
The registered owner of the conveyance stood in his defense that he had
no knowledge and direct participation whatsoever of the offense committed by
his driver, and he said that he just commanded his driver to bought gasoline at
the station and gave the money to the owner of the “karenderya” and his wife
dared the TWG to visit the “karenderya” to determine the veracity of their
allegations.
It was requested, and conceded by the Chairman that a name of a
particular lumber dealer be known as it was mentioned by Arturo Cinco that
they sometimes bought lumber products from the unknown lumber dealer
located at Ampayon, the purpose of which is to determine the possibility that
the loaded forest products were came from the lumber dealer. However during
the escalation of the proceeding it was determined that despite the offense
committed by his driver which drag the owner’s name innocently as he
defended, still he provided bailed for his employee for temporary liberty, and he
said he did that out pity and no other reasons. But because of the overlapping
doubt on the defenses made by Arturo Cinco, he was directed to produce
substantial evidence to prove his non-involvement to the case and would not
result to non-confiscation of his conveyance.

The next hearing will be on July 3, 2020.

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