Department of Environment and Natural Resources

CENRO TUBOD, Surigao del Norte

MEMORANDUM

FOR : THE CENR OFFICER

CENRO TUBOD, SDN
This Office

FROM : THE HEARING OFFICER

This Office

SUBJECT : CSW REPORT OF THE ABANDONED AND RECOVERED 19

PIECES LAUAN SAWN LUMBER WITH A TOTAL VOLUME
OF 122.5 BOARD FEET AT SITIO KABONGAHAN,
HIMAMAUG, TAGANA-AN, SDN

DATE : April 8, 2021

Respectfully submitted herewith the result of Summary Administrative Adjudication

Proceeding conducted y this office for the abandoned and seized 19 pieces Lauan
sawn lumber with a total volume of 122.5 board feet at Sitio Kabongahan, Brgy.
Himamaug, Tagana-an, SDN. The facts and circumstances that lead to issuance of
Seizure Order No. 2020-023 and recommendation for the CONFISCATION in favor of
the government, to wit;

Factual Event

On October 15, 2020 at around 4:50 in the afternoon, the Municipal Police Station of
Tagana-an, SDN received an information from a concerned citizen via phone call that
there were two (2) individual gathering several pieces of forest products sighted in
the area of Sitio Kabongahan, Brgy. Himamaug, Tagana-an, SDN. Upon receipt of
the information, personnel of Tagana-an MPS proceeded to the mentioned areas to
verify the veracity of the information.

Upon arrival on the reported place, responding PNP personnel spotted the two (2)
malefactors along the end of the cemented road of the above-mentioned address,
arranging several pieces of sawn lumbers. Per investigation, they found out through
an interviewed of the nearby resident whom witness the activity and identified
certain Fredo Seclon aka “Dodong” male, probably 32 years old together with certain
Älvin”, Male, of Legal age, both have known as a resident of Brgy. San Jose, Surigao
City wherein they were known as supplier of woods used in building a motorized.

Then, at around 5:00 PM of the same date, personnel from this office led by FR
Michael Buena facilitated the scaling and documentation of the recovered forest
product. Per scaling and documentation revealed that, a total of nineteen (19)
pieces of Lauan sawn lumber with a total volume of 122.5 board feet, and with
estimated market value of Php5, 684.00 recovered and seized.
Brgy. Upper Libas, Surigao del Norte
Telephone No. (086) 826-1308; Email address: cenrosurigao@yahoo.com
 Department of Environment and Natural Resources
CENRO TUBOD, Surigao del Norte

Subsequently, on November 25, 2020 at around 10:30 O’clock in the morning the
first Administrative Adjudication Proceeding of the aforementioned recovered and
seized forest products was scheduled. Prior to the conduct of the administrative
proceeding, notice of hearing was served to the concern parties and posted at three
conspicuous places, such as but not limited to; CENR Office, Brgy. Office and
Municipal Office. However, during the hearing only the Hearing officer and
apprehending officer appeared in the office and there was no sign of any
claimants/owner of the abandoned and seized forest products which deemed a
waiver of the right of the owner to appear and of any/all rights to the items
apprehended. The hearing body then moved for the confiscation of the apprehended
forest products in favor of the government.

On January 12, 2021 at 1:30 PM the second administrative proceeding was

scheduled and conducted. Then again there was no sign of any claimant/owner of
the abandoned and seized forest products despite the fact that the notice of hearing
was posted to three (3) public places in conspicuous place in order to notify the
owner/claimant of the abandoned and seized forest products. The hearing body then
recommends scheduling the third and final administrative adjudication proceeding in
order to give the claimant/owner a due process of their apprehended forest
products.

Thus, on February 23, 2021 at around 9:30 in the morning, the third and final
administrative adjudication proceeding was conducted. Still, there was no sign of
any claimant/owner of the abandoned and seized forest products. Despite the
posting of notice at three public places in its conspicuous place. Thus, hearing body
affirmed the motion during the first hearing to recommend the recovered and seized
nineteen (19) pieces Lauan sawn lumber with equivalent volume of 122.5 Bd.ft. in
favor of the government.

Legal basis

Section 77 of PD 705 or The Revised Forestry Code as amended and

renumbered by RA 7161 s. 1991 provides that:

Section 77 - Any person who shall cut, gather, collect,

removed timber or other forest products from any forest
land, or timber from alienable or disposable public land, or from
private land, without any authority, or possess timber or other
forest products without the legal documents as required
under existing forest laws and regulations, shall be punished
with the penalties imposed under Articles 309 and 310 of the Revised
Penal Code: Provided, That in the case of partnerships, associations,
or corporations, the officers who ordered the cutting, gathering,
collection or possession shall be liable, and if such officers are aliens,
they shall, in addition to the penalty, be deported without further
Brgy. Upper Libas, Surigao del Norte
Telephone No. (086) 826-1308; Email address: cenrosurigao@yahoo.com
 Department of Environment and Natural Resources
CENRO TUBOD, Surigao del Norte

proceedings on the part of the Commission on Immigration and

Deportation.
[Emphasis supplied]

Based on the aforesaid law, there is indeed a clear violation committed, since
there was cutting, gathering and/or collecting of timber and other forest products
without the required authorization/permit from the DENR. Hence, forest products
derived therewith can be safely declared as illegal as defined under Section 2(a) of
DAO 97-32, quoted here under;

Section, 2, par.a of DAO 97-32 s. 1997 - 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)37 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. In
implementing these Rules, original documents shall be required at all
times to actually accompany any forest products being moved or
transported to any place and for any purpose. Whenever the
requisite authorization and/or supporting documentation
are required to but do not actually accompany the forest
products, such absence constitutes a violation covered by
these Rules.
[Emphasis supplied]

Accordingly, since there are no claimants or known owners of the said forest
products that will be able to show cause why the said forest products should not be
seized or confiscated in favor of the government, the subject apprehended forest
products is also declared as abandoned or no claimant.

In addition, Section 68-A, of PD 705 as amended clearly provides the

authority of the Department to confiscate abandoned forest products, to wit:

Section 68-A. Administrative Authority of the

Department Head or His Duly Authorized Representative to
Order Confiscation. - In all cases of violations of this Code or other
forestry 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 either by land,
water or air in the commission of the offense and to dispose of the
same in accordance with pertinent laws, regulations or policies on
the matter. [Emphasis supplied]
Brgy. Upper Libas, Surigao del Norte
Telephone No. (086) 826-1308; Email address: cenrosurigao@yahoo.com
 Department of Environment and Natural Resources
CENRO TUBOD, Surigao del Norte

Furthermore, Sec. 8 (3) of DENR Administrative Order No. 97-32,

series of 1997 provides for the procedures that will apply in cases where illegal
forest products are abandoned, or when the owner, claimant, custodian or other
interested Party(ies) is unknown, cannot be determined, or cannot otherwise be
found:

Sec. 8. Abandoned Illegal Forest Products.

3. xxx

“Should the owner, claimant or other interested Party fail to appear at the
Proceedings, such failure shall be deemed a waiver of the right to appear and
of any/all rights to the items apprehended in favor of the Government. The
Hearing Officer shall state this fact in the records and enter certify that publication of
Notice of Hearing had been effected in compliance herewith; thereupon, he shall
forthwith issue his Decision based on the evidence at hand.”

In view of the fact that there was no claimant or interested party that
appeared during the course of all three administrative proceedings conducted by the
Department, such failure is deemed a waiver of the right of any/all rights to the
items apprehended in favor of the Government and since there is a clear and
unequivocal authority of the Department to confiscate any illegal forest products in
the commission of the offense and those that are abandoned it is hereby
recommended that the abandoned and recovered 19 PIECES LAUAN SAWN
LUMBER WITH A TOTAL VOLUME OF 122.5 BOARD FEET be confiscated in
favor of the government.

RECOMMENDATION

In view of the foregoing, the hearing body manifested to recommend the

CONFISCATION of the abandoned and seized 19 pieces Lauan sawn lumber
with a total volume of 122.5 board feet with estimated market value of Php5,
684.00 in favor of the government as well as given with the presentation of the
facts and circumstances.

For information and record.

PETER B. DEJOLDE
DMO III/Hearing Officer

Brgy. Upper Libas, Surigao del Norte

Telephone No. (086) 826-1308; Email address: cenrosurigao@yahoo.com