In responding to your correspondence, I hope that this office can clarify our position in putting to rest

the unsettled issues relative with the incident at hand..

First. Confusion as to the Fact and date of apprehension: at the beginning, it

must be pointed out at the Butuan City Mobile Force Company Flagged down
the transportation of the subject Mahogany flithches and lumber of planted
species on January 3, 2019. However, they cannot issue the requisite
Apprehension Receipt since the issuance of this receipt is outside of their
function or jurisdiction. Thus, the imprimatur of the DENR, an office primary
tasked to implement forestry laws came out only on January 4, 2019. Needless
to state but the DENR has the primary and exclusive jurisdiction in forestry
laws, rules and regulations of our country. Such being the case, that explains
why the apprehension receipts was dated on January 4, 2019 and not January
3, 2019. The Acts of the Police men on January 3, 2019 in detaining the
shipment is considered to be only temporary as the shipment is still subject for
further investigation by the DENR. It must be also pointed out that on 3 rd
January 2019 there was no personnel or any representative present from
DENR at the time the shipment was flagged down at the checkpoint.
Technically speaking therefore, the said forest products was apprehended on
January 4, 2019 and not on January 3, 2019.
Second. Transport of forest products with expired certificate of verification.
IN DAO no. 0 7 dated February 17 1994, there is a provision regarding the
treatment of expired permits or transports documents of forestry products. In
one of its provisions, it was therin clearly stated: in case of expiration,
extension thereof shall be required from the nearest CENR Field Office
concerned shall cater and sign such extension in the accompanying certificate
of origin.
Third, to detain the shipment is entirely improper considering that the CENR
field office may issue an extension of certificate of origin as allowed by Law.