Republic of the Philippines

Department of Environment and Natural Resources

COMMUNITY ENVIRONMENT AND NATURAL RESOURCES OFFICE
City of Kabankalan, Negros Occidental, Negros Island Region

RESOLUTION

RE : APPREHENDED SIX HUNDRED (600) SACKS OF CHARCOAL

FROM BRGY. CAMINGAWAN KABANKALAN CITY, NEGROS
OCCIDENTAL ON JUNE 29, 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 apprehended six hundred (600) sacks of charcoal

apprehended by DENR-CENRO, Enforcement personnel lead by Forester Ernie T.
Villanueva, Chief, CMI & SI Unit on June 29, 2016 at Barangay Camingawan,
Kabankalan City, Negros Occidental, Negros Island Region.

The information of the case are the following, to wit:

1. That on June 29, 2016 at about 1:00 o’clock in the afternoon, while the
Enforcement personnel conducted an investigation in connection with the request
of CPDO Susana M. Casalem of Kabankalan City, Negros Occidental they
incidentally passed by a stand-by ten wheeler truck fully loaded with about six
hundred (600) sacks of charcoal;

2. That upon verification the said six hundred (600) sacks of charcoal has allegedly a
documents/permit to support its possession and transport from the DENR and it’s
in the hands of A.K.A. Pasio, a resident of Barangay Tabugon, Kabankalan City,
Negros Occidental;

3. That upon further investigation the owner of the charcoal was Mr. Leonardo Nińal
which he manufactured from a planted trees in his ISF area but same was expired
already and some other charcoal were bought from the neighbors but the status of
the area is still a timberland/forestall areas;

4. That after determination that the apprehension is supported by a prima facie

evidence, and apprehension receipt was effected with corresponding dated June
29, 2016, to the forest products however, the conveyance used was not included in
the apprehension because the same was in mechanical trouble;

5. That on August 2, 2016 a Notice of Administrative Hearing was issued to Mr.

Leonardo Nińal and the A.K.A. Pasio in order for them to appear this Office for a
clarificatory questioning on August 5, 2016 at 2:00 o’ clock in the afternoon;

6. That on August 5, 2016, only Mr. Leonardo Nińal (66 years old man) appeared to
this Office to undergo an administrative hearing/clarificatory questioning, a copy of
the Notice of Hearing attached for reference;
7. That during the administrative hearing Mr. Leonardo Nińal declared he is willing to
undergo an administrative hearing/clarificatory questioning without the presence of
A.K.A. Pasio and confirmed that the charcoal were manufactured from his expired
ISF area and some charcoal were bought from their neighbors;

8. That he further declares that he supposed to pay the amount of ten thousand five
hundred (P10,500.00) for the permit from issued from MRP Substation at Bulwang,
Mabinay, Negros Oriental and since A.K.A. Pasio did not appear to this Office he
accepts the full responsibility and consequences of his wrong doing; and

9. That after the administrative hearing/clarificatory questioning, Mr. Leonardo Nińal

declared that he will surrender the forest products (charcoal) to the DENR and
begging/pleading that he will not be filed with a case for violation of Section 77 of
PD 705, otherwise known as the revised Forestry Code of the Philippines;

Since the said forest product/lumber were cut/gathered from the

timberland areas and the same were transported without the accompanying
documents, the owner/claimant violates the provision of Section 77 of PD 705 as
amended by Executive Order No. 277 and further amended by R. A. 7161 which
states that:

Section 77 of PD 705 provides:

“Any person who shall cut, gather, collect and remove

timber or other forest products from any alienable and
disposable lands, or from private land, without any
authority, or possess timber or other forest products
without legal documents as required under existing forest
laws, rules and regulations, shall be punished with penalties
imposed under Article 309 and 310 of the Revised Penal
Code”.

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 six hundred (600) sacks of
charcoal of charcoal amounting to one hundred eight thousand pesos
(P108,000.00) is hereby recommended for CONFISCATION in favor of the
GOVERNMENT.

LIKEWISE, it is also recommended that MR. LEONARDO NIÑAL shall

not be charge criminally considering his old aged and health condition however,
subject for further review and final decision for proper disposition of the case.

RESPECTFULLY SUBMITTED, DENR-CENRO, Kabankalan City

August 30, 2016

FORESTER RENE G. ABORDO

OIC, CENR Officer