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, Zernan L.

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

4. That on November 22, 2019, the DENR-CENRO Ozamiz City personnel

conducted operation due to a text message received by this office that there was
illegally-operating mini-sawmill in Labinay, Ozamiz City, Misamis Occidental and
allegedly operating in the place frequently;

5. That the operation that day, 22 November 2019, resulted to the apprehension of
forest products (logs bolts and lumbers) as well as the accessories/equipments
used in the operation of mini-sawmill. Based on their apprehension report, they
apprehended a total of 780 pieces, composed of 762 lumbers of Antipolo,
Mahogany, and Gmelina species with an equivalent volume of 1, 713.33 board
feet and 18 log bolts with an equivalent volume of 0.94 cubic meters more or
less, under the possession of Mr. Eddie Lumacad. They also apprehended ply
wheel and mini-sawmill blade that were used in operating a mini-sawmill which
was operated by the latter;

6. That accordingly, after verifying from the owner himself that he did not have the
necessary permits and legal documents to possess the forest products and to
operate a mini-sawmill, they found the existence of probable cause to make an
apprehension thereof, both for the forest products and equipments used in
operating a mini-sawmill, owned by Mr. Eddie Lumacad. This is pursuant to the
fact that under Section 2.a, DENR Administrative Order 97-32, “any forest
products… that are removed, cut, collected, processed or transported (a) without
the requisite authorization of permit (emphasis supplied) are considered illegal
forest products and are subject to apprehension, seizure and confiscation. The
aforementioned individual also violates R.A. 460 by operating a mini-sawmill
without permit, justifying the deed of DENR-CENRO Ozamiz City personnel of
dismantling the equipments used in operating a mini-sawmill, upon discovering
this mini-sawmill pursuant to plain view situations.
 7. That the total apprehended forest products owned and under the possession of
Mr. Eddie Lumacad is a total of 780 pieces, composed of 762 lumbers of
Antipolo, Mahogany, and Gmelina species with an equivalent volume of 1,
713.33 board feet and 18 log bolts with an equivalent volume of 0.94 cubic
meters more or less, including the mini-sawmill accessories having an estimated
value of Php8, 000.00 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 receipts, as well as the apprehending officers, for the
apprehension made on 22 November 2019 on the forest products and
equipments used in operating a mini-sawmill, I found the existence of prima facie
case of violation of Environmental law(P.D. 705) and violation R.A. 460 against
the offender, and subsequently issued the necessary Seizure Order for the forest
products and equipments used in operating a mini-sawmill owned by Mr. Eddie
Lumacad;

9. That further, since the apprehended forest products are without legal
documents/permit, being in possession thereof patently violates 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. Eddie Lumacad shall then be liable to pay
for moral and exemplary damages amounting to Php577,800.00, more or less,
for his actions clearly prejudice the environment.

10. That furthermore, operating a mini-sawmill without the permit/legal documents

violates, R.A. 460 (Regulation on Operation of Sawmills)

11. 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 R.A. 460” (Regulation on
Operation of Sawmills) against Mr. Eddie Lumacad, in the court of law.

IN WITNESS WHEREOF, I have hereunto affixed my signature

this______ of __________ 2020 at Ozamiz Ciy.

GUILRY D. CABATUAN
Affiant/OIC-CENR Officer

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

Tangub 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, ZERNAN L. VILLANUEVA II, CEDRIC B. LLAMIS, JESUS L. OBUT, JR.

AND DARME ABCEDE, JR., 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, conducted
operation of illegally operating mini-sawmills on 22 November 2019 which were
alledgedly existing prevalently in Barangay Labinay, Ozamiz City, Misamis
Occidental;

4. That on or about 1:00 o’clock in the afternoon, we arrived at the mini-sawmill

establishment of Mr. Eddie Lumacad which was erected along the roadside
without any perimeter fence and was actually caught operating on that day. We
asked for the owner of the establishment and one of his laborers looked for him;

5. That, after a few minutes of waiting, Mr. Eddie Lumacad approached and we
made our courtesies to him and introduced ourselves as forest officers of DENR-
CENRO, Ozamiz City;

6. That upon seeing of his mini-sawmill establishment and the various log bolts and
lumbers within its vicinity, we asked him if he had necessary permit and pertinent
documents which would warrant his possession of the forest products and
operation of the mini-sawmill. He answered that he did not have a permit, adding
that he just used the lumber for the furniture;

7. That, after learning that Mr. Lumacad had no permit for possessing the forest
products we found probable cause to effect an apprehension thereof. Thus, we
informed him that he was apparently violating Section 77 of PD 705 as amended
for not having the necessary permit in possessing the log bolts and lumbers, that
we have to apprehend and confiscate the said forest products at that moment
that were under his possession;

8. That, upon knowing also that he has no permit in the operation of his mini-
sawmill, the team further found probable cause to dismantle his mini-sawmill
establishment in violation of RA 460 such as band saw blade and ply wheel;
 9. That, the team then scaled all forest products (log bolts and lumbers) found
therein in the presence of the owner Mr. Eddie Lumacad. After the scaling, we
verified that there were a total of 780 pieces, composed of 762 lumbers of
Antipolo, Mahogany, and Gmelina species with an equivalent volume of 1,
713.33 board feet and 18 log bolts of Mahogany and Gmelina with an equivalent
volume of 0.94 cubic meters more or less, including the mini-sawmill accessories
having an estimated value of Php8, 000.00 respectively. We then issued the
apprehension receipts for the said apprehended forest products and mini-sawmill
accessories duly signed by the apprehending officers;

10. That after the apprehension made on 22 November 2019, we subsequently

delivered the custody of the said forest products to our CENR Officer, Mr. Guilry
D. Cabatuan upon issuance of Seizure Receipt;

11. 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. Maynard Pondar of Barangay
Malibangcao, Clarin, Misamis Occidental for violation of Section 77 of PD 705 as
amended otherwise known as the Forestry Code of the Philippines (formerly
section 68, being renumbered by RA 7161) and violation of Republic Act 460
otherwise known as “Regulation on the Operation of Sawmills”.

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

CEDRIC B. LLAMIS ZERNAN L. VILLANUEVA II

Affiant/Forest Ranger Affiant/Forest Ranger

JESUS L. OBUT, JR. DARME B. ABCEDE, JR

Affiant/Forest Ranger Affiant/Forest Ranger

SUBSCRIBED AND SWORN to before me this ____ day of ___________ 2020

in Tangub 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.