Republic of the Philippines

Department of Environment and Natural Resources

PROVINCIAL ENVIRONMENT AND NATURAL RESOURCES OFFICE
Office of the PENR Officer

MEMORANDUM

FOR : THE REGIONAL EXECUTIVE DIRECTOR

DENR Caraga Region
Ambago, Butuan City

FROM : THE PENR OFFICER

PENRO Agusan del Norte
Tiniwisan, Butuan City

SUBJECT : REPORT OF THE APPREHENDED ONE (1) UNIT

UNREGISTERED CHAINSAW AT SITIO ATUPIHON,
BARANGAY PUTTING BATO, CABADBARAN CITY, AGUSAN
DEL NORTE LAST JANUARY 13, 2023
DATE : APRIL 19, 2023

Respectfully forwarded is the Memorandum of CENRO Tubay dated April 5, 2023

submitting the CSW report relative to the above-mentioned subject with pertinent enclosures
duly received by this office on April 14, 2023. The first memorandum of CENRO-Tubay dated
February 17, 2023 was returned by this office through memorandum dated February 23, 2023 for
some important instruction to be complied with concerning on the application of DENR
Administrative Order 2003-24 pertinent to this case.

Based on the report, on January 13, 2023, Putting Bato ENR MIAC personnel led by FR
Ludiemar F. Sagay together with personnel of City ENRO of Cabadbaran City during their
weekly monitoring, they heard a sound of operating chainsaw and immediately went to the area
where the sound originated. Upon arrival, they found an abandoned chainsaw beside a huge
felled Tanguile tree. The team believed that the chainsaw with an estimated value of PhP 35, 000
was used to cut the tree. The apprehension of the same was initiated and the apprehension receipt
with no 02-2023 and notice of apprehension dated January 13, 2023 were issued and posted in
three (3) public places, twice.

The apprehended chainsaw was deposited at CENRO-Tubay under the protective custody
of DMO III/For. Claro L. Licayan. However, the said felled tree is still in the area because the
team was not able to retrieve the same because it needs to be lifted with heavy equipment to drag
down.

A seizure proceeding was conducted on January 13, 2023 by seizure officer OIC
CENRO Nelson B. Caranzo and determined that the offense was committed and the offender
was probably guilty thereof, thus a seizure order was issued with seizure order No. 02-2023.

On January 25, 2023, a summary administrative adjudication proceeding was conducted.

During the proceedings, the following circumstances were noted as follows:

1. FR. Sagay informed the hearing officer that the team posted notices in three (3)
public places relative to the apprehension of the abandoned chainsaw and despite
such notices nobody claimed ownership over the same and the team identified no one
as owner.

2. A motion for confiscation was moved by DMO III/For. Claro L. Licayan of the
abandoned chainsaw and was seconded by For. II Ram Hezron C. Cubao.
 The hearing officer in his memorandum dated April 5, 2023 maintained the
recommendation for the issuance of Confiscation order over the abandoned chainsaw used in
cutting Tanguile tree. The recommendation was based on the violation of Republic Act 9175
otherwise known as “The Chainsaw Act” and to affect the same Section 8 of DAO 97-32 was
complied with and observed.

This office has no reason not to tone with the recommendation of the hearing officer to
confiscate the abandoned chainsaw used to cut Tanguile tree, with supplementary reasons:

a. Section 14, Par 5 of DAO 2003-24 provides that “Confiscation under Section 77 of
PD 705. chainsaw used in cutting, gathering, collecting, removing and /or processing
timber or forest products without legal documents shall be subject to judicial
confiscation and/or administrative confiscation under section 68 and 68 A(Section 77A
now) of PD 705 as amended and as implemented by DAO 97-32 and other subsequent
forestry regulations that may be promulgated.

b. Section 77A of Presidential Decree 705 provides that Administrative Authority of the
Department Head or His Duly Authorized Representative to Order Confiscation. – In all
cases of violations of this Code or other forest 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.

c. Section 2 of DAO 97-32, provides that “Items Subject to Apprehension, Seizure,

confiscation and forfeiture. Machinery, equipment, tools and implements used in the
possession, gathering, collecting, processing and/or transporting of illegal forest
products.

Since the abandoned Chainsaw was used to cut Tanguile tree without pertinent document
from DENR, the above cited provisions of the policy and law are applicable.

Considering the afore-noted circumstances, this office concurs with the recommendation
of the hearing officer to confiscate the same.

Please be informed also that CENR Officer of CENRO Tubay in his memorandum dated
April 5, 2023 is asking for clearance to conduct the slicing of such Tanguile log which is still in
the Protected area of Sitio Atupihon, Barangay Putting Bato, Cabadbaran City, into lumber for
convenient hauling to the depository of CENRO Tubay Compound, Barangay Doña Rosario,
Tubay, Agusan del Norte.

For information, issuance of confiscation order, and clearance to slice the

abovementioned Tanguile log for easy transport to the official depository area of CENRO-
Tubay.

ACHILLES ANTHONY C. EBRON

 Caraga, Philippines, 8600
E-mail: penro_agnor@yahoo.com | Telephone No. 817-9639