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, Cedric B. Llamis,

Eugene I. Martir and, Jesus L. Obut, Jr. all permanent employees of Department
of Environment and Natural Resources Office (CENRO) Ozamiz City field office;

4. That on 17 November 2019, around 2:00 o’ clock in the afternoon, the PNP
elements of Ozamiz City led by PCapt. Agustine G. Arazo under the supervision
of PLTCol. Shirwen M. Lapiz arrested two personalities due that their Office
received a phone call from anonymous caller informing PNP Ozamiz City of an
alleged illegal transportation of several pieces of lumbers. PNP Ozamiz City’s
initial investigation revealed that the two individuals identified as Mr. Elmer E.
Calimpong and Mr. Michael P. Subrado for transporting a total of 246 pieces of
lumbers of White Lauan at Barangay Maningcol, Ozamiz City without valid permit
issued by our Office (DENR-CENRO, Ozamiz City);

5. That, pursuant to section 3(c) of DENR Administrative Order No. 97-32,

members of the law enforcement agencies are authorized to make
apprehensions and effect seizure thus, PNP Ozamiz City also as law enforcer
arrested and seized forest products a total of 246 pieces of lumbers of White
Lauan at Barangay Maningcol, Ozamiz City;

6. That the operation that day by the PNP Ozamiz City, resulted to the
apprehension of forest products pursuant to inflagrante delicto situation. Based
on to the latter’s apprehension report, they apprehended a total of forty (40)
bundles or 246 pieces of White Lauan lumber with an estimated volume of 656.0
board feet, more or less, under the control and possession of Mr. Elmer E.
Calimpong and Mr. Michael P. Subrado, respectively;

7. That accordingly, after verifying from both individuals that they did not have the
necessary permits and legal documents to gather and possess the forest
products, they found the existence of probable cause to make an apprehension
thereof, for the forest products therein. 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;

8. That the total apprehended forest product is forty (40) bundles or 246 pieces of
White Lauan lumber with an estimated volume of 656.0 board feet, more or less,
under the control and possession of Mr. Elmer E. Calimpong and Mr. Michael P.
Subrado, respectively, having an estimated value of Php20, 500.00;

9. That on 17 November 2019, the PNP Ozamiz City turned over the apprehended
forest product and deposited to CENR Office;

10. That upon thorough examination of the documents presented by the DENR-
CENRO Ozamiz City personnel to me, such as the tally sheet and the
apprehension receipt, as well as the apprehending officer’s (PNP Ozamiz City)
report, for the apprehension made on 17 November 2019 on the forest products,
I found the existence of prima facie case of violation of Environmental law(P.D.
705) and R.A. 9175 against the offenders, and subsequently issued the
necessary Seizure Order for the forest products that is deemed to be under
possession and control of;

11. 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. Elmer E. Calimpong and Mr. Michael P.
Subrado shall then be liable to pay for moral and exemplary damages amounting
to Php205, 000.00 or ten (10) times the value of the apprehended forest
products, more or less, for their actions clearly prejudice the environment.

12. 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) against Mr. Elmer E. Calimpong and Mr.
Michael P. Subrado, 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, CEDRIC B. LLAMIS, EUGENE I. MARTIR AND JESUS L. OBUT, 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, went to
PNP Ozamiz City Police Station on 04 November 2019 for the turn-over of
Chainsaw and 8 trunks of Anahaw stemmed from a letter complaint received by
their office from unknown caller that there was an alleged cutting of trees in
Barangay Mentering, Ozamiz City, Misamis Occidental and was apprehended by
the elements of PNP Ozamiz City;

4. That, after learning that Mr. Elmer E. Calimpong with Mr. Michael P. Subrado had
no permit for possessing and transporting the forest products towards RS Tan
Village of Barangay Maningcol we found probable cause to effect an
apprehension thereof. Thus, we informed them that they were apparently
violating Section 77 of PD 705 as amended;

5. That, the team then scaled all forest products at the Ozamiz City Police Station.
After the scaling, we verified that there is a total of 40 bundles or 246 pieces of
White Lauan having an estimated value of Php20, 500.00. We then issued the
Seisure receipt for the said apprehended forest products;

6. That after the turn-over made on 18 November 2019, we deposited and delivered
the said forest products at CENR Office Gango, Ozamiz City;

7. 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. Elmer E. Calimpong with Mr. Michael P.
Subrado both resident of Barangay Maningcol, Ozamiz City, 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)” in the court of law.
 IN WITNESS WHEREOF, we have hereunto set our hands and affixed our
signature this _______ day of _______________ 2020 at Ozamiz City.

CEDRIC B. LLAMIS JESUS L. OBUT, JR.

Affiant/Forest Ranger Affiant/Forest Ranger

EUGENE I. MARTIR
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.