Based on the documents submitted, and the report of the apprehension, it is

recommended that the apprehended 240 PCS (5, 973.33 BD.FT.) Lauan
Lumber be confiscated in favor of the government including the one (1)
Unit Isuzu Ten-Wheeler Wing Van Color Blue.
Under Section 7 of DAO 97-32 the owner failed to overcome the disputable
presumptions to wit:
(a) Mr. Vladimir Talingting (owner of the conveyance) in his affidavit alleges
that he did not instruct nor give consent to Mr. Israel Barrera Siton (driver)
to enter the dealing of the transport of the illegal forest products. However,
the driver did not confirm nor affirm in his (driver) affidavit that the owner
(Vladimir Talingting) did not instruct nor consent to use the conveyance in
the illegal transport of the forest products. (b) The owner also mentioned in
his affidavit that the driver was just newly hired, however he (owner) failed
to exercise due diligence to monitor the driver’s activity who engages in the
transport of goods. As owner of the conveyance, he is duty bound to exercise
extra ordinary diligence to ensure that his conveyance would not be used in
any illegal transport of goods. (c) the owner did not even used all means to
require his driver to appear before the office even after his detention for his
case, to give statement to support the defences of the owner but opted to
submit his affidavit but same does not contain support on the allegation
made by the owner that indeed he was not willingly nor give consent by
providing his conveyance to transport the illegal forest products.

Attachments:
a. CSW report of team leader Sherwin Bacalso dated January 12,
2023 marked as Annex A.
b. NPS Docket No. XIII-01INQ-23A-0014 marked as Annex B.
c. Affidavit of Undertaking presented by Vener C. Talingiting, Affidavit
of the Driver Israel B. Siton, Marked as Annex C.
d. Certificate sign by DMO III Meliton Legaspi of DENR Bayugan City
marked as Annex D.
e. Minutes of the Meeting marked as Annex E.

For information, record and approval.

JOSEPH LEO E. OCONER, RPF

CENR Officer