Republic of the Philippines

DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES

PROVINCIAL ENVIRONMENT AND NATURAL RESOURCES
OFFICE OF THE PENR OFFICER
Brgy. Tiniwisan, Butuan City

MEMORANDUM

TO : THE CENR OFFICER

CENRO Nasipit, Agusan del Norte

Att’n: Chief, Permitting Section

FROM : The PENR Officer

DENR, PENRO-Agusan del Norte

SUBJECT :

DATE : January 4, 2023

This is to acknowledge receipt of the memorandum dated December 13, 2022

of CENRO Nasipit relative to the above-cited subject duly received by this office on
December 15, 2022. Same was endorsed to the Regional Office per PENRO
memorandum dated January 4, 2023.

Please be informed that per review of the said CSW on the matter of the
resolution for the apprehended one (1) Isuzu Bongo-type bearing Plate No. MAF
6908 wherein an Order was issued by MTCC-Branch 2 Acting Presiding Judge
Nemesio B. Cañete that office recommended to elevate the matter to the legal officer
for evaluation and review, this office opted to provide insights for your appreciation
as well submission of lacking pertinent documents, to wit:

1. The Official Receipt (OR) and Certificate of Registration (CR) of the

conveyance are wanting.

The apprehending team of DENR should ask copy of the OR

and CR from PNP apprehending officers or from the owner of the
subject conveyance.

2. Prima facie case was determined and seizure order was issued even
without the actual delivery of conveyance t the seizure officer, hence in
contravention with the tenor of our policy particularly Section 6 of DAO
97-32 and the effect of which is nullity to the proceedings conducted.

CENRO Nasipit should write a letter addressed to the PNP

apprehending officers who took custody of the conveyance and
released
 the same to the owner, informing them to turn-over the conveyance to
the CENR Officer for the issuance of the seizure order in accordance
with the cited DENR Administrative Order. The Affidavit of Undertaking
executed by the owner of the conveyance must also be attached to the
documents to be provided by the PNP apprehending officers to form
part of the case. However, said document was not required by the
CTWG as mentioned during the summary administrative adjudication
proceedings but not required by the CTWG to form part of the case.
The purpose of the undertaking informing that the owner is duty-bound
to surrender the conveyance involved should an administrative
adjudication hearing is deemed necessary to determine its
culpability/involvement.

3. There should be a recommendation pertaining to the conveyance

intricated in this case despite of the release order issued by the court.
Be informed that summary administrative adjudication proceedings
conducted by our office is separate and distinct from the proceedings
conducted by civil courts. The quanta of proof required in the two
proceedings are not the same.

Anent to these, you are instructed to coordinate with the PNP apprehending
officers to turn-over the said apprehended conveyance and submission of the
Affidavit of Undertaking signed by the owner in view of the conduct of administrative
adjudication proceedings by CENRO Nasipit for violation of PD 705, as amended
pursuant to DAO 97-32.

For immediate compliance.

ACHILLES ANTHONY C. EBRON

_______________________________________________________________________________________________________________________________________

Agusan del Norte, Caraga Region 13, Philippines, 8600

Telephone No. (+6385) 817-9639