Republic of the Philippines

Department of Environment and Natural Resources

COMMUNITY ENVIRONMENT AND NATURAL RESOURCES OFFICE
Maasin City, Southern Leyte
Tel. Nos. (053)381-2125, (053)570-8607

RELEASE ORDER

Pursuant to DAO 97-32, an administrative confiscation proceeding was held on

September 7, 2022 to hold an investigation on the apprehended one (1) unit chainsaw allegedly
with a defaced serial number, and sawn Lauan lumber of different dimensions equivalent to 84
board feet, by PNP Maasin City, at the mountainous part of Brgy. Gawisan, Maasin City,
Southern Leyte, on August 24, 2022.

Based on the legal documents presented, and the testimonies of respondents as well as of
the apprehending officers, the undersigned finds no violation in the instant case.

The PNP report stated that respondent Antonio D. Amistoso (chainsaw operator), was
caught in the act of slicing the Lauan lumber. However, during the course of the investigation, it
was disclosed that respondent was just actually taking a rest when the police officers arrived at
the site. It was also alleged that the chainsaw’s serial number was defaced. Yet upon
examination, the chainsaw had in fact a serial number (SN. S177178924). The chainsaw is also
registered under the name of Ernesto Alkuino, with Certificate of Registration no. 2022-1237,
bearing the same serial number. Lastly, the said chainsaw had no guide bar and chain, which
makes it impossible for it to function or operate.

On the other hand, the apprehended sawn Lauan lumber were equipped with legal
documents. According to the testimony of Jovita Galo, the said sawn lumber were already at the
highway and ready for transport, when it was confiscated by the police officers. In fact, the first
batch of sawn lumber had already been delivered to the buyer. The police conducted their
operation at the mountainous area of Kapaw-an. Yet, the sawn lumber were apprehended not
from Kapaw-an where the actual operation or arrest happened, but from another distance or
location.

R.A. 9175, otherwise known as the Chain Saw Act of 2022, punishes the actual unlawful
use and possession of chainsaw without the necessary permit from the DENR. On the other hand,
Section 68 of P.D. 705, as amended, punishes the act of cutting, gathering, collecting, or
removing of timber or other forest products from any forest land, or timber from alienable and
disposable public lands, or from private lands, without any authority or permit issued by the
DENR.

In the instant case, there is no violation to speak of. Both the chainsaw and the sawn
lumber had the necessary permits from the DENR. There was also no testimony or evidence on
the actual unlawful cutting or sawing of the lumber involved.

WHEREFORE, premises considered, the undersigned hereby orders the RELEASE of the
apprehended one (1) unit of chainsaw with serial no. S177178924, as well as the apprehended
sawn lumber in favor of their lawful owners.

September 19, 2022.

LEONARDO G.
GERMANO
CENR OFFICER