REPUBLIC OF THE PHILIPPINES }

PROVINCE OF MISAMIS OCCIDENTAL} S.S.

COMPLAINT-AFFIDAVIT

I, GUILRY D. CABATUAN, of legal age, married, Filipino, and an employee

of the Department of Environment and Natural Resources- Region X; presently
assigned at DENR-CENRO of Ozamiz City with office address at Purok 7, Gango,
Ozamiz City, after having been duly sworn to under oath in accordance with law, do
hereby depose and say:

1. That, I am a Forester by profession and designated as OIC- Community

Environment and Natural Resources (CENR) Officer of Department of
Environment and Natural Resources- Community Environment and Natural
Resources Office (DENR-CENRO) Ozamiz City field office located in Gango,
Ozamiz City;

2. That, I assume authority to file cases in proper court over any offenders and
violators of existing DENR Policies, Rules and Regulations as mandated by law
within CENRO Ozamiz City area of jurisdiction;

3. That, I assume as the immediate superior of Forest Rangers, Eugene I. Martir,

Darme B. Abcede Jr., Cedric B. Llamis and Zernan L. Villanueva II, all permanent
employees of Department of Environment and Natural Resources Office
(CENRO) Ozamiz City field office;

4. That, on February 14, 2019, the DENR-CENRO Ozamiz City personnel headed
to Barangay Camating, Tudela, Misamis Occidental due to verbal report that
there was a cutting incident therein;

5. That, on their way that day, February 14, 2019, inadvertently in Barangay
Bongabong, Tudela, Misamis Occidental the team encountered a red/blue Isuzu
elf with Plate No. MBN-413, pursuant to ‘’plain view principle’’, subsequently
resulted to the apprehension of: (1) conveyance; (2) chainsaw; and (3) forest
products (logbolts) which was loaded therein. Based on their apprehension
report, they apprehended a total of: (a) 42 pieces of logbolt of Acacia Mangium
varied in dimensions with an equivalent volume of 2.33 cubic meters; (b) 1 unit
chainsaw; and (c) 1 unit Isuzu elf respectively, owned by Mr. Benjamin Lauron
Jr.;

6. That accordingly, after asking any documents from the driver of the elf and his
company on board owned by Mr. Benjamin Lauron Jr., they did not adduced
necessary permits and legal documents in possessing and transporting forest
products (logbolts) as well as the chainsaw therewith, and that they found the
existence of probable cause to make an apprehension of such items above
mentioned. This is pursuant to the fact that under Section 2.a, DENR
Administrative Order 97-32, “any: (a) forest products … that are removed, cut,
collected, processed or transported (a) without the requisite authorization or
permit; (b) machinery, equipment, tools and implements; and (c) conveyance
(emphasis supplied) are considered illegal forest products and items hence
subject to apprehension, seizure and confiscation;

7. That the total apprehended items owned, controlled and under the possession of
Mr. Benjamin Lauron Jr. were: (a) 1 unit Isuzu elf with an estimated value of
 Php200,000.00; (b) 1 unit chainsaw with an estimated value of Php20,000.00;
and (c) 42 pieces of Acacia Mangium logbolts with an equivalent volume 2.33
cubic meters with an estimated value in the amount of Php14,826.45
respectively;

8. That upon thorough examination of the documents presented by the DENR-

CENRO Ozamiz City personnel to me, such as the tally sheets and the
apprehension receipt, for the apprehension made on February 14, 2019 on the
items seized and confiscated at Barangay Bongabong, Tudela, Misamis
Occidental, I found the existence of prima facie case of violation of
Environmental law(P.D. 705) as amended and R.A. 9175 against the offender,
and subsequently issued the necessary Seizure Order for the items owned by
Mr. Benjamin Lauron Jr.;

9. That further, since the apprehended items were without legal documents/permit,
being in possession thereof patently violates Section 7 paragraph (1) of R.A.
9175 and Section 77, of P.D. 705(formerly section 68, being renumbered by R.A.
7161), “The Forestry Reform Code of the Philippines”. Finally, pursuant to
paragraph (4), Section 10 of DENR Administrative Order 97-32, Mr. Benjamin
Lauron Jr., shall then be liable to pay for moral and exemplary damages
amounting to Php148,264.50 more or less, for his deeds clearly prejudice the
environment;

10. That I am executing this affidavit to attest to the truth of the foregoing facts and to
file a complaint for “violation of section 77, of P.D. 705” (formerly section 68,
being renumbered by R.A. 7161) and “violation of section 7 paragraph (1) of R.A
9175.” (An Act Regulating The Ownership, Possession, Sale, Importation And
Use Of Chain Saws) against Mr. Benjamin Lauron Jr. of Barangay Locsoon,
Tudela, Misamis Occidental, in the court of law.

IN WITNESS WHEREOF, I have hereunto affixed my signature

this______ of March 2020 at Ozamiz Ciy.

GUILRY D. CABATUAN
Affiant/OIC-CENR Officer

SUBSCRIBED AND SWORN to before me this ____ day of March 2020 in

Ozamiz City, Philippines. Affiant exhibited to me his current PRC Id No. 0005688 his
photograph and signature. I hereby CERTIFY that I have personally examined the
herein affiant and that I am fully satisfied that he freely and voluntarily executed the
foregoing statements and understood the contents hereof.
REPUBLIC OF THE PHILIPPINES }
PROVINCE OF MISAMIS OCCIDENTAL} S.S.

COMPLAINT-AFFIDAVIT

WE, EUGENE I. MARTIR, CHERRYL S. PUNAY, DARME B. ABCEDE JR.,

CEDRIC B. LLAMIS AND ZERNAN L. VILLANUEVA II, of legal ages, Filipino, and all
employees of the Department of Environment and Natural Resources- Region X;
presently assigned at DENR-CENRO of Ozamiz City with office address at Purok 7,
Gango, Ozamiz City, after having been duly sworn to under oath in accordance with
law, do hereby depose and say:

1. That, we assumed the position of FOREST RANGERS designated as forest

officers of Department of Environment and Natural Resources – Community
Environment and Natural Resources Office (DENR-CENRO) Ozamiz City located
at Gango, Ozamiz City;

2. That, we are tasked and authorized to apprehend any offenders and violators of
existing DENR Policies, Rules and Regulation as mandated by law within
CENRO Ozamiz City jurisdiction;

3. That we personnel of the DENR upon the directives of our superiors responded
and went to Barangay Camating, Tudela, Misamis Occidental due to verbal
report that allegedly there was a cutting incident on February 14, 2019. Initially as
the team headed on our way going to the abovementioned place, we
encountered a red/blue Isuzu elf with Plate No. MBN-413 at Barangay
Bongabong in the same Municipality;

4. That we flagged down the elf, pursuant to “search of a moving vehicle and plain
view principle” apparently inside the elf there were items such as: (a) 1 unit
chainsaw; and (b) forest products (logbolts), we asked the driver and his
companions if they have the necessary permits and pertinent documents which
would warrant their possession and transportation. they answered that they did
not brought any documents, corollary to the apprehension, seizure and
confiscation of the above mentioned items owned by Mr. Benjamin Lauron Jr.;

5. That, after learning that Mr. Benjamin Lauron Jr. had no permit in possessing and
transporting the preceding items; we found probable cause to effect
apprehension, seizure and confiscation thereof. Thus, we informed Mr. Lauron
that the was apparently violating Section 7, paragraph (1) of R.A. 9175 and
Section 77 of PD 705 as amended for not having the necessary permits and legal
documents in transporting and possessing chainsaw and logs and that we have
to apprehend and confiscate the said items at that moment that presumably
under his order and control;

6. That, the team then scaled all forest products (logbolts) found therein in the
presence of the driver and his company owned by Mr. Benjamin Lauron Jr. After
the scaling, we verified that there were a total of 42 pieces of Acacia Mangium
logs with an equivalent volume of 2.33 cubic meters, more or less, and with an
 estimated value of Php14, 826.45. We then issued the apprehension receipt for
the seized, apprehended and confiscated items duly signed by the apprehending
officers;

7. That after the apprehension made on February 14, 2019, we temporarily

deposited the seized items to the Municipal Police Station of Tudela, Misamis
Occidental for safekeeping and custody;

8. That we are executing this affidavit to attest to the truth of the foregoing facts and
to support the filing of a case against Mr. Benjamin Lauron Jr., of Barangay
Locsoon, Tudela, Misamis Occidental for violation of Section 7, paragraph (1) of
R.A. 9175, (An Act Regulating The Ownership, Possession, Sale, Importation
And Use Of Chain Saws) and Section 77 of PD 705 as amended otherwise
known as the Forestry Code of the Philippines (formerly section 68, being
renumbered by RA 7161).

IN WITNESS WHEREOF, we have hereunto set our hands and affixed our
signature this ____day of March 2020 at Ozamiz City.

CEDRIC B. LLAMIS CHERRYL S. PUNAY

Affiant/ Forest Ranger Affiant/Forest Ranger

DARME B. ABCEDE JR. EUGENE I. MARTIR

Affiant/Forest Ranger Affiant/Forest Ranger

ZERNAN L. VILLANUEVA II
Affiant/Forest Ranger

SUBSCRIBED AND SWORN to before me this ____ day of March 2020 in

Ozamiz City, Philippines. I hereby CERTIFY that I have personally examined the herein
affiants and that I am fully satisfied that they freely and voluntarily executed the
foregoing statements and understood the contents hereof.