Republic of the Philippines

Department of Environment and Natural Resources

OFFICE OF THE REGIONAL DIRECTOR
Cagayan Valley Region II

RE: ADMINISTRATIVE E-FMS No.:

CONFISCATION AND
ADJUDICATION PROCEEDING
ON THE APPREHENDED Date Promulgated:
PASSENGER VAN BEARING
PLATE NO. BVR 229 LOADED
WITH12 PIECES NARRA
FLITCHES WITH A TOTAL
VOLUME OF 391.98 BOARD FEET
OR 0.92 CUBIC METER.

ORDER

For resolution is the report of CENR Officer, Elmer Cuanan of

CENRO, Naguilian, Isabela, involving a passenger van with plate
number BVR-229 loaded with 12 pieces narra flitches with a total
volume of 391.98 board feet or 0.92 cubic meter apprehended/seized
at Barangay San Pablo, San Mariano, Isabela by elements of PNP San
Mariano on August 10, 2016.

On 06:00 in the evening of August 10, 2016, Spo1 Nap V.

Dagman, PO3 Jhonimar V. Baingan and PO2 Vien Beejay V. Eugenio
received an information from a confidential tipster that a passenger
van color white is loaded with narra flitches and heading out from
Barangay Bitabian, San Mariano, Isabela. Upon receipt of the report
the Chief of Police (PI), Bulan of PNP San Mariano, Isabela instructed
them to proceed and monitor the reported passenger van and to catch
the subject.

They waited for the vehicle at the exit route in Barangay San
Pablo, San Mariano, Isabela and not long after they saw the color
white van approaching apparently loaded with the said contraband
due to its heavy load. They flagged down the vehicle and conversed
with the driver who opened the window of the vehicle and they saw in
plain view the narra flitches inside the vehicle.

After having seen the narra flitches in plain view, they

immediately effected the arrest of the suspects who were identified as
Romeo Clavero y Suarez and Denis Danao y Mabborang. They also
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confiscated the contraband together with the van bearing plate
number BVR 229 and brought the same to their police station for
proper disposition.

The team coordinated with the CENR Office, San Manuel,

Naguilian, Isabela who inventoried the twelve (12) pieces of narra
flitches which yielded a total volume of 391.98 board feet or 0.92
cubic meters.

Notices were sent to the respondents as well as the

apprehending officers of the schedule of the Administrative
Confiscation Proceedings pursuant to DENR Administrative Order
No. 32 series of 1997 (DAO 97-32). Supervising Ecosystem
Management Specialist Edgardo S. Angel presided over the
administrative confiscation proceeding held on August 10, 2016 at
DENR-CENRO Naguilian, Isabela.

In the said proceedings, SPO1 Nap B. Dagman, PO3 Jhonimar

V. Baingan and PO2 Vien V. Eugenio of PNP San Mariano, Isabela
testified and reiterated what happened during the apprehension and
sustained that the apprehended persons were caught in possession of
the forest products without the requisite of a permit which is a
violation of the forestry laws, rules and regulations. Testimonies of
the driver/owner of the conveyance and the helper were taken,
respectively. Under oath, the driver/owner of the conveyance and the
helper testified in substance that:

Testimony of Romeo Claverio

(Driver/Owner)

“That he is of legal age, married and a resident on Ueg,

San Mariano, Isabela. That on August 10, 2016 at about
6:00 o’clock in the evening they were at Barangay San
Pablo when the members of the PNP San Mariano,
Isabela flagged them down. After which, the team
inspected their cargo because of the information they
received that the same is loaded with narra. After they
confirmed that the van was loaded with narra, they also
searched their bags and found a gun and marijuana
leaves. That he claimed that the van was actually owned
by certain Santi Baua of Barangay Minanga, San
Mariano, Isabela but he bought the same for instalment
basis ang only paid an avance of P50,000.00. That Santi
Baua has no knowledge of the loading of the narra. He
also added that it was their first time to luse the car in
loading forest products. And when they were arrest, they
were not able to be released on the same day because
they don’t have enough money to bail.”

BVR 229 Page 2 of 5

 Testimony of Denis Danao
(Helper)

“That he is of legal age, single and a resident of

Barangay Ueg, San Mariano, Isabela. On August 10,
2016 at about 6:00 o’clock in the evening, they were at
Barangay Road of San Pablo, San Mariano. On their
way from Barangay San Mariano, Isabela, there were
three men riding on a single motor who overtook and
flagged them down. They introduced themselves as
members of PNP San Mariano. Thereafter they inspected
their cargo loaded with narra flitches without any legal
documents. After that they were brought to the PNP
station and were detained for 27 days.”

In its memorandum dated November 21, 2016, the Chief,

Management Services Division, Mylene D. Madduma recommended
that the forest products together with the conveyance be confiscated
in favor of the government and be disposed in accordance with the
existing laws, rules and regulations.

EVALUATION

After evaluation of the documents and testimonies of the

parties, the Office is convinced that both the conveyance and the
forest products should be confiscated in favor of the government.

Section 77-A of P.D. No. 705 provides that in all cases of

violations of the code or other forest laws, rules and regulations, the
Department Head or his duly authorized representative, may order
the confiscation of any forest products illegally cut, gathered,
removed or possessed or abandoned, and all conveyances used in the
commission of the offense and to dispose of the same in accordance
with pertinent laws, regulations or policies on the matter.

This authority is supported by Section 2 of Department

Administrative Order 32 series of 1997 (DAO 97-32), which states
that:

“Any forest product(s) that are removed, cut, collected,

processed and/or transported without the requisite
authorization or permit, including the machinery,
equipment, tools and implements used in the possession,
gathering, collecting, processing and/or transporting of
illegal forest products are subject to apprehension,
seizure and confiscation.”

BVR 229 Page 3 of 5

 In the instant case, the forest products were apprehended
without any permit issued by the DENR.

With regard the conveyance, it was the means to perform an

unlawful act. Under Section 2(c) of the same administrative order, it
provides that, “any mode or type or class of vehicle or craft or any
other means used for transportation either on land, water, air or
any combination thereof, whether motorized or not, used for or in
taking and/or maintaining temporary or permanent possession or
control, gathering, collecting, processing, disposing of, or otherwise
transporting, moving or transferring illegal forest products.”Thus,
the conveyance is not immune from confiscation.”

Moreover, Section 7(3) of the same Administrative Order is

applicable in this case. It provides:

(3) DISPUTABLE PRESUMPTIONS- In

administrative proceedings conducted pursuant hereto,
the following shall be considered presumptions of fact
and/or law and taken as part of the evidence unless
specifically controverted and successfully overcome by a
preponderance of evidence.

(a) xxx

(b) The registered owner and/ or operator/ driver of a

conveyance used in the commission of the offense had
full knowledge and willingly participated therein by
providing the conveyance for the illegal purpose to
which said conveyance was applied. In case the
registered owner of the conveyance is a partnership or
corporation, the partners and/or officers thereof had full
knowledge of and granted authorization or issued
instructions for the use or application of the conveyance
in the commission of the offense

(c)Any forest products included within Section 2(a) hereof

were obtained from an illegal source.

In the instant case, there is no showing that the owner of the

conveyance, Romeo Clavero, denied his participation and lack of
knowledge. Neither did he adduce supporting proof to show non-
complicity. Instead, he admitted that he used the conveyance for the
transport of the narra flitches.

WHEREFORE, premises considered, judgment is hereby

rendered:

BVR 229 Page 4 of 5

 1. Ordering the CONFISCATION of one (1) unit
Passenger Van bearing plate number BVR 229 loaded
with twelve (12) pieces narra flitches with a total
volume of 391.98 board feet on August 10, 2016 at
Barangay San Pablo, San Mariano, Isabela;

2. Directing the CENR Officer of Naguilian to update the

Regional Office thru the Legal Division of the status of
the criminal case filed in court;

3. Directing further, the PENR Officer of Province of

Isabela to commend the apprehending officers of
Philippine National Police San Mariano, Isabela.

SO ORDERED.

Tuguegarao City, Cagayan.

ATTY. GIL A. AROMIN, CESO IV

OIC, Regional Director

ITM/RKPP

O- BVR 229 (Brgy. San Pablo, San Mariano, Isabela)

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