Republic of the Philippines

Department of Environment and Natural Resources

COMMUNITY ENVIRONMENT AND NATURAL RESOURCES OFFICE
CENRO Kabankalan City, Negros Occidental

RESOLUTION

IN RE : APPREHENDED ONE (1) UNIT WHITE ISUZU –

REF VAN WITH PLATE NO. JEV-113 LOADED
WITH 100 SACKS OF CHARCOAL AT BRGY.
WEST, CANDONI, NEGROS OCCIDENTAL ON
AUGUST 18, 2016 FOR VIOLATION OF SECTION
77 OF P.D. 705 OTHERWISE KNOWN AS THE
REVISED FORESTRY CODE OF THE PHILIPPINES
AS AMENDED BY RA 7161 AND EXECUTIVE
ORDER NO. 277.
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This refers to the apprehension of One (1) Unit white Isuzu/ref. van bearing
Plate No. JEV-113 loaded with 100 sacks of Charcoal apprehended by PNP-Candoni,
Negos Occidental led by Police Senior Inspector Jaynick A. Bermudez, Office In-Charge
of PNP, Candoni, Negros Occidental, Negros Island Region.

The antecedent facts of the case are as follows:

1. That on August 18, 2016 the PNP Candoni, Negros Occidental led by
PINSP Jaynick A. Bermudez, Deputy COP intercepted One (1) Unit white
Isuzu/ref. van bearing Plate No. JEV-113 loaded with 100 sacks of
Charcoal at Barangay West, Candoni, Negros Occidental;

2. That the subject conveyance was held at the aforementioned place and
PINSP Jaynick Bermudez, Deputy COP coordinated at the DENR, through
Forester Ernie T. Villanueva, Chief of SI and CMI Unit of DENR-CENRO,
Kabankalan City;

3. That on the following day, August 19, 2016 the Team led by Forester
Ernie T. Villanueva went to PNP Candoni, Negros Occidental in
connection the aforementioned case and after determination that the
apprehension is supported by a prima facie evidence, Apprehension
Receipt was effected with Control Number KBN0819201-29 on August 19,
2016 and Seizure Order dated August 23, 2016 and the subject the forest
products and the conveyance was brought to this Office for proper
disposition;

4. That during the initial investigation, it was identified that the owner of the
white Isuzu/ref. van bearing Plate No. JEV-113 is a certain Alex Co with
business enterprise named RAYCO HARDWARE TRADING with postal
address at J&L Bldg. Door No. 6, Lopez Jaena Street, Bacolod City;
5. That on August 22, 2016 a Notice of Administrative Hearing was issued to
the owner of the conveyance, Mr. Alex Co, the driver & helper Mr.
Juswah Inapan and Mr. Canny Tayco, respectively, in order for them to
appear to this Office for a clarificatory questioning on August 30 2016 at
2:00 o’ clock in the afternoon;

6. That on August 22, 2016, the administrative hearing/clarificatory

questioning was started at exactly 2:00 o’clock in the afternoon and the
same was presented by Mr. Alex Co together with his assisting lawyer
Atty. Adrian Arellano, his interpreter Mr. Antonio Chan and other
companies however, the driver and the helper Mr. Juswah Inapan and
Mr. Canny Tayco did not appear to this Office, a copy of the Notice of
Hearing and Attendance Sheet is herewith attached;

7. That during the administrative hearing Mr. Alex Co, through his interpreter
Mr. Antonio Chan declared he was innocent with the loading of 100
sacks of charcoal because the said conveyance was bound for Bayawan,
Negros Oriental to deliver hardware materials/products on August 18,
2016 which departed at about 8:00 0’clock morning;

8. That Mr. Alex Co further declared that the said vehicle/van supposedly
arrived back to Bacolod at 6:00 in the afternoon of August 18, 2016 but
Canny Tayco and Juswah Inapan failed to come home;

9. That because of the non-arrival of the two until midnight, He instructed his
daughter Ying-ying Co to continuously communicate with them of their
whereabouts, but the same they failed to reply;

Since the said forest product/charcoal were transported without the

proper document or Permit to Transport from the DENR. The identified
respondents/offender was directed/instructed to submit his duly subscribed
written statement. That during the clarificatory questioning, MR. ALEX CO
vehemently denied of any direct participation and he declared that she has no
knowledge on the loaded 100 sacks of charcoal as also supported by his
statement submitted Affidavit dated September 5, 2016, which stated the
following information;

1. That I, ALEX T. CO, of legal age and full civil capacity, Chinese
National, married, and a resident of Bacolod City, Negros
Occidental, after having been duly sworn to in accordance with law,
hereby depose and say;

2. That I was married to a Filipina and initially settled in Cebu City.

That my wife and I later visited relatives in Bacolod City and we
come to an agreement to live instead in Bacolod City as it is a
better and peaceful place; not crowded compared to Cebu City;

3. That sometimes in 2013, I was able to start a Hardware business in

J&L Building, Door #6, Lopez Jaena Street, Bacolod City, Negros
Occidental under the name and style RAYCO HARDWARE
TRADING. Copy of the Mayor’s BUSINESS and DTI PERMIT is
hereto attached as ANNEX “1”;
4. That in the course of the said business, I was able to purchase and
register a motor vehicle in my name (COPY OF THE
CERTIFICATE OF REGISTRATION and OFFICIAL RECEIPT
issued by LTO is hereto attached as ANNEX “2”) particularly
identified as MAKE & BODY TYPE: Isuzu/Ref. Van; ENGINE NO.:
4HF1228069; CHASIS NO.: NPR 66L7409490; PLATE NO.: JEV
113. Said motor vehicle is principally intended to deliver and
distribute my hardware products;

5. That on August 18, 2016, I instructed my daughter Ying Ying Co

(as I cannot fully speak Ilongo Dialect and I can understand a little
of it) to contact either Canny or Juswah of their whereabouts. At
around 6:00 o’clock in the evening of the same day, Canny was
able to communicate with my daughter informing her that they are
on their way back to Bacolod City. I have waited for arrival of my
vehicle and it reached midnight, but Canny and Juswah failed to
return my vehicle. My daughter kept on communicating Canny and
Juswah but they were no longer replying;

6. That early morning of the following day (August 19, 2016), I called
my cousin and asked him some advice, he told me to just wait for a
while because maybe the vehicle encountered some mechanical
troubles. Until 1:00 o’clock in the afternoon came, Canny and
Juswah still failed to show themselves much more return my
vehicle. I called once more my cousin and he told me to report the
matter to the nearest Police Station, so I directed my daughter Ying
Ying (as I cannot very well speak Ilongo Dialect) to detail our
troubles to the Police Officers, and so my daughter dis. Copy of
INCIDENT RECORD FORM signed by PNP Desk Officer P01
Cyrus V. Makilan is hereto attached as ANNEX “3”;

7. That I was so troubled for several days until such time that I
received a Notice of Administrative Hearing from Forester Rene G.
Abordo, OIC-CENR Officer, DENR, informing me that my vehicle
was apprehended in Candoni, Negros Occidental (which is just too
far from the route I authorized Canny and Juswah to deliver my
products) for allegedly transporting and possessing forest products
without any legal pertinent documents duly issued by DENR, thus
in violation of the Revised Forestry Code of the Philippines as
amended by E.O. No. 277 and RA No. 7161. I was likewise
directed on the said Notice to appear and be present at the DENR
Kabankalan City office on August 30, 2016 at 2:00 o’clock in the
afternoon, which I faithfully did;

8. That when I arrived in Kabankalan City on August 30, 2016 at 2:00

o’clock in the afternoon, I felt relieved from my troubles (but not
completely yet as my vehicle is still impounded) because at least I
saw my vehicle parked in the compound of DENR safe; and

9. That during the administrative hearing/clarificatory questioning, the

Hearing Officer first look at the Attendance Sheet of those who
attended. She then asked Canny Tayco and Juswah Inapan’s
appearance but the two were not present. My lawyer manifested
that Canny and Juswah since the time the vehicle was intercepted
no longer showed to me. In other words, Canny and Juswah
escaped. I communicated to the Hearing Officer that I have nothing
to do with the acts of Canny and Juswah. That I conducted my
business legitimately and lawfully all the time. That I am also
 distressed that my motor vehicle was impounded because I only
have a few to use in my operation of my business. That I am also
disappointed with Canny and Juswah because I treated them well, I
treated them not so strictly as workers but as friends, yet they
abused me;

DENR guidelines and procedures have been in placed to safeguard

and totally regulate any utilization of natural resources in a manner that the
utilization are not abused in a manner that no one will exploit the privilege
granted by the State in making use the natural resources in a regulatory
system.

In this Case, the transport of charcoal which is covered by laws and

policies implementing Section 77 of PD 705, as amended by EO 277 and RA
7161. Transport documents for charcoal has important features as basis of
DENR law enforcement and other law enforcement agencies to effect the law.
These features include the validity of the document and the allowed cargo or
shipment in every shipment or movement of forest products subject of
utilization.

In terms of the participation of Mr. Alex Co, as the owner of the

conveyance and charcoal, she totally denied his direct participation in allowing
the loading of 100 sacks of charcoal to his conveyance.

Section 77 of PD 705, as amended, states:

Section 77. Cutting, gathering and/or Collecting Timber,

or Other Forest Products without License. Any person who shall
cut, gather, collect, remove timber or other forest products from any
forest land, or timber from alienable and disposable public land, or
from any private land, without authority, or possess timber or other
forest products without the legal documents as required under
existing forest laws and regulations, shall be punished with
penalties imposed under Articles 309 and 310 of the Revised Penal
Code:

Furthermore, Item 10.5 of Section 10 and Section 15 of DAO No.

7, series of 1994 states:

10.5. The transport of logs/timber/lumber/other forest products

derived from planted trees or non-wood forest products
inside private lands, provided accompanied by a Certificate
of Verification issued by a DENR local official at the
CENRO level.

Section 15. Penalty Clause. Any log, timber, lumber and non-
timber forest products covered by these regulations which
are transported without the prescribed documents shall be
considered illegal and therefore subject for confiscation in
favor of the government.
 Section 2 of DAO 97-32, states:

a. ILLEGAL FOREST PRODUCTS - Any forest products(s) defined

in Section 1(e) above that are removed, cut, collected,
processed and/or transported: (a) without the requisite
authorization or permit; or (b) with incomplete required
supporting documents 1; (c) with genuine authorizations
or permits and/or supporting documentation that have an
expired validity, have been cancelled or that contain forged
entries; or (d) with spurious (fake) authorizations, permits
and/or supporting documentation. xxx

WHEREFORE, in view of and pursuant to the provisions of Section 77 of

P. D. 705 as amended by Executive Order 277 and further amended by Republic
Act 7161 and DAO No. 97-32, series of 1997, the one hundred (100) sacks of
charcoal with a volume of 20.0 cu. m. amounting to Eighteen thousand pesos (P
18,000.00) based on prevailing market price is recommended for
CONFISCATION in favor of the GOVERNMENT.

In the case of the CONVEYANCE (WHITE COLORED ISUZU/REF.

VAN WITH PLATE NO. JEV-113) used in the transport is hereby recommended
for RELEASE, in favor of its rightful the owner, MR. ALEX CO for the reason that
he has no direct participation of the said loading and same was proven by his
submitted duly subscribed SWORN STATEMENT dated September 5, 2016 and
an Incident Report of Police Station 6, Bacolod City dated August 19, 2016

RESPECFULLY SUBMITTED. DENR-CENRO, Kabankalan City

November 2, 2016.

FORORESTER RENE G. ABORDO

OIC, CENR Officer