Department of Environment and Natural Resources

CENRO TUBOD, Surigao del Norte

MEMORANDUM

FOR : THE PENR OFFICER

CENRO TUBOD, SDN
This Office

FROM : THE HEARING OFFICER

This Office

SUBJECT : CSW REPORT OF THE APPREHENDED AND SEIZED FIFTY

ONE (51) PIECES CHAIRS AND ONE (1) TALAXAN
FITCHES AND LUMBER DERIVED FROM MANCONO
SPECIES WITH A TOTAL VOLUME OF 5, 400 BOARD FEET
AND ONE (1) UNIT ISUZU WING VAN TRUCK BEARING
PLATE NUMBER NGP 4428 AT LIPATA PORT, BRGY.
LIPATA, SURIGAO CITY, SURIGAO DEL NORTE

DATE : April 13, 2023

Respectfully submitted herewith is the result of Summary Administrative Adjudication

Proceeding conducted by this office for the apprehended and seized fifty one (51)
pieces chairs and one (1) talaxan flitches and lumbers mancono and one (1) unit
Isuzu wing van truck bearing plate number NGP 4428 at Lipata port, Brgy. Lipata,
Surigao City, Surigao del Norte. The facts and circumstances that lead to issuance of
Seizure Order No. 2021-019, filing of appropriate charges before the office of the
prosecutor under NPS Docket No. XIII-05-INQ-21F-00153 and recommendation for
the confiscation of the forest products and conveyance in favor to the government,
to wit;

Factual Event

On June 7, 2021 personnel on-duty at Lipata Port Monitoring Station, Lipata, Surigao
City led by Team Leader (TL) Park Maintenance Foreman (PMF) Noel C. Nambatac,
received information that a certain wingvan truck was heading to Lipata Port
Terminal loaded with prohibited forest products. That around 7:00 in the evening,
the guard on duty of Lipata port informed the DENR personnel that the certain wing
van was already inside the port. Upon receipt of such information, PMF Nambatac
then sought assistance from the on duty police officers of Surigao City Police Station
as well as from Regional Maritime Unit 13 both station in Lipata Port Terminal,
Philippine Coast guard and from the Lipata Ferry Terminal led by Engr. Allan Yap,
Terminal Manager.

Thereafter, the composite team went to the reported place to verify the veracity of
the received information. Upon reaching the area, PMF Nambatac asked the driver of
 Department of Environment and Natural Resources
CENRO TUBOD, Surigao del Norte

the reported truck, bearing plate numer NGP 4428, in the person of Mr. Renz
Cabayao y Piano, to present any document as proof of their load but Mr. Cabayao
failed to present any. Thus, the team then asked consent from Mr. Cabayao if they
can conduct inspection of the cargo which he then approved. The inspection was
conducted that leads to the discovery that the wing van is loaded with furniture,
fixtures and decoratives derived from mancono species. That during the
investigation, the driver revealed that there were another two ten wheeler truck
loaded also with undocumented products.

Thus on June 8, 2021, personnel from this office led by PMF Noel Nambatac
conducted the scaling and documentation of the apprehended forest products and
conveyance. Scaling and documentation revealed that a total of fifty one (51) pieces
chair and one (1) talaxan Mancono flitches and lumber with a total volume of 5, 400
board feet and with an estimated market value of Php 667, 000.00 and one (1) unit
Isuzu wing van truck bearing plate number NGP 4428 with an estimated market
value of Php 2, 000,000.00.

Forest products and conveyance were then brought to DENR CENRO-Tubod

compound under the custody of DMOIII Emelito R. Mausisa for safe keeping and
while waiting for the proper disposition of the case.

Later on June 17, 2021, at around 2:30 in the afternoon, the first Administrative
Adjudication Proceeding of the aforementioned apprehended and seized forest
products and conveyance was conducted which was participated by the Lipata Port
Police, DENR personnel. However, this office failed to send an invitation to the
owner of the conveyance because we don’t have any contact from him.

Thereafter, the hearing body decided to reschedule the administrative hearing to

send the notice to the conveyance owner. Thus, the hearing body unanimously
agreed to schedule a second hearing.

On August 17, 2021, Atty. Arthur Lastimoso submitted an entry of appearance with
motion for hearing via video conferencing. Further, Mr. Santos P. Paspe, the owner
of the conveyance, submitted a Special Power of Attorney appointed Atty. Lastimosa
and Atty. Gemayel Kemal Gonzales as his counsel.

On the same date, this office received an affidavit of undertaking denying that Mr.
Paspe has any involvement and knowledge of the said illegal transport of the
undocumented forest products. Also, the respondent requested for temporary
release of conveyance based on his affidavit of undertaking submitted.

Subsequently, on September 2, 2021 at around 2:30 o’clock in the afternoon, the

second administrative adjudication proceeding was conducted which was
participated by the Lipata Port Police, Maritime Police Surigao City, DENR personnel,
and the owner of the conveyance which was represented by his counsel, Atty. Arthur
Lastimoso and Atty. Gemayel Kemal Gonzales. During the hearing, PPOII Vincelyn
 Department of Environment and Natural Resources
CENRO TUBOD, Surigao del Norte

Aries Eviota of PPA TMO Lipata SDN said that during the inspection and
investigation, the said forest products have no pertinent documents.

Further, Atty. Lastimoso, counsel of the respondent, said that Mr. Santos P. Paspe,
the registered owner of the apprehended conveyance, has no knowledge about the
illegal transaction of his driver considering that the last conversation they had with
his driver is that they were at the Port of Bacolod City, Negros Occidental and
getting ready to return to Passi City.

Afterwards, Atty. Lastimoso and Atty. Gonzales requested for temporary release of
the vehicle. He added that they will submit a motion for temporary release of the
conveyance and other additional evidences.

It was then unanimously agreed by the administrative body to confiscate the

apprehended and seized one (1) Talaxan flitches and lumbers mancono with a total
volume of 5, 400 board feet in favor of the government in violation of Sec 77 of PD
705 as amended and renumbered by Republic Act 7161 series of 1991.

Further, the hearing body agreed to conduct a technical conference to discuss the
recommendation of the said apprehended and seized conveyance.

On September 7, 2021, DMOIII Frederick Lapitan said that based on the evidence
gathered, it is enough to declare that the conveyance owner, Mr. Paspe, had no
knowledge and involvement in the illegal transaction of his driver.

Since there are no necessary documents of the said forest products and their
transport, it was then unanimously agreed by the administrative body to confiscate
the apprehended and seized forest products in favor of the government in violation
of Sec 77 of PD 705 as amended and renumbered by Republic Act 7161 series of
1991 and release the one (1) unit ISUZU wing van truck bearing plate number NGP
4428 in favor of the rightful owner for he successfully controverted the disputable
presumption.

On August 9, 2022, the conveyance was granted its temporary release since the
owner was able to comply with all necessary requirements for the temporary release
of the conveyance.

Legal basis

In consonance with the foregoing facts stated above, it is clear that the
apprehended and seized forest products was cut, removed and transported without
necessary permit from the DENR of which is a clear violation of Section 77 of
Presidential Decree No. 705 as amended and renumbered by Republic Act 7161
series of 1991, herein quoted;

“Sec. 77 of PD 705 as amended and renumbered by RA 7161

s. 1991 Any person who shall cut, gather, collect, removed timber or
 Department of Environment and Natural Resources
CENRO TUBOD, Surigao del Norte

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
proceedings on the part of the Commission on Immigration and
Deportation.
[Emphasis supplied]

Based on the abovementioned laws, the person who shall transport of such forest
product without the necessary permit required by law constitutes the offense.

In the case of the respondents Renz Cabayao Piano, he was caught in flagrante
delicto in possession of forest products and he was not able to present the
necessary legal documents which are required at all time to actually accompany any
forest products being moved or transported to any place and for any purpose. All
elements are present. Hence, there was indeed a patent violation of Sec. 77 of PD
705 as amended. The apprehended and seized fifty one (51) pieces chairs and one
(1) talaxan Mancono flitches and lumbers with a total volume of 5, 400 board feet
can be safely declared illegal as defined under Sec. 2 of DAO 97-32, series of 1997,
since said forest product was removed, cut, collected and/or transported without the
requisite authorization or permit.

DAO 97-32:

Section 7. Outline of Procedures for Summary Administrative

Confiscation — The following procedures shall be complied with for
the summary administrative confiscation of items listed in Section 2
hereof. Immediately upon, or as soon as practicable after issuance of
a SEIZURE ORDER, the following outline shall be followed in the
summary seizure proceedings.

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. [Emphasis supplied]
 Department of Environment and Natural Resources
CENRO TUBOD, Surigao del Norte

As to the conveyance owner, he presented to the august body pieces of evidence,

such as documents that would prove the legitimacy of this trucking services and
their messages with his driver on the messenger the day before the apprehension,
that would controvert the disputable presumption mentioned in the above-quoted
DENR administrative order. Therefore, the conveyance used in transporting the
undocumented forest products is recommended to be released in favor of the
rightful owner.

RECOMMENDATION

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

CONFISCATION of the apprehended and seized fifty one (51) pieces chairs
and one (1) talaxan flitches and lumber mancono with a total volume of 5,
400 board feet with an estimated market value of Php 667, 000.00 in favor of
the government and the RELEASE of one (1) unit ISUZU wing van truck
bearing plate number NGP 4428 with the estimated value of Php
2,000,000.00 in favor of the rightful owner.

For information, evaluation and record.

RUEL E. EFREN
CENR Officer/Hearing Officer