CASE for GROUP 1

SPO1 Liz Po, a member of the Provincial Task Force on

Illegal Logging, received an information that a ten-wheeler
truck bearing plate number PAD-548 loaded with illegally
cut lumber will pass through Iligan City. Acting on said
information, members of the Provincial Task Force went on
patrol several times. On December 25, 2012 at about 1:00
in the morning, SPO1 Liz Po and SPO2 Sol Dier saw a ten-
wheeler truck with plate number PAD-548 pass by. They
followed the truck and later on apprehended it.
There were three persons on board the truck: driver Wilfredo
Cacao, Wilson Que, and an unnamed person. The driver
identified Que as the owner of the truck and the cargo.
SPO1 Liz Po checked the cargo and found that it contained
coconut slabs. When interviewed, Que told SPO1 Liz Po that
there were sawn lumber inserted in between the coconut
slabs.
SPO1 Liz Po asked Que for the Cargo’s supporting
documents. Que failed to present any of these documents.
All he could show was a certification from the Philippine
Coconut Authority, that he legally acquired the coconut
slabs. The certification was issued to facilitate transport of
the slabs.
At 10:00 o’clock in the morning, the members of the Provincial
Task Force, together with three CENRO personnel examined the
cargo. The examination confirmed that the cargo consisted of
coconut slabs and sawn tanguile lumber. The coconut slabs
were piled at the sides of the truck, concealing the tanguile
lumber. When the CENRO personnel inventoried and scaled the
seized forest products, they counted two hundred fifty eight
(258) pieces of tanguile lumber with a total volume of 3,729.3
board feet (8.79 cubic meters) and total assessed value of
P93,232.50.
1) As an apprehending officer, enumerate the DENR
documents that must accompany the
transportation of forest products.
2) Were the constitutional rights of accused against
unlawful searches and seizures violated?
3) Outline the course of action that the CENRO
personnel must do in accordance with DAO 97-32
4) Prepare an Affidavit-Complaint
CASE FOR GROUP 2
Jack Sparrow is the owner of a parcel of land
consisting of about 60,000 square meters. On
February 30, 2013, petitioner applied for a Private
Land Timber Permit (PLTP) from the Department of
Environment and Natural Resources for him to cut
some trees for a proposed road and poultry farm in
his property. He also paid all the fees required by the
various government agencies.
While waiting for the permit to be issued, Jack
proceeded with the cutting of trees and bulldozing of
the roadway. He used the cut logs as materials to
build his chicken cages.
About three weeks later, representatives from the
Community Environment and Natural Resources
Office (CENRO) of the Department of Environment
and Natural Resources and personnel from the
Intelligence Service, Armed Forces of the Philippines
(ISAFP) raided petitioner’s place. Armed with a
search warrant they proceeded to confiscate 872
pieces of sawn lumber/flitches (8,506 board feet) and
three felled timber logs with a total market value of
P235,454.68 at P27.00 per board foot.
1) Is Jack criminally liable under Section 77 (previously 68) of PD
705 for cutting trees within his own property despite the fact
that he did not transport the logs out of his property and just
used them for his own agricultural purposes therein?
2) Should the logs confiscated by the DENR be returned to Jack
considering that the same were not transported out and
merely used for his own agricultural purposes?
3) If after an hour Jack was able to present the required
documents, is he still administratively liable under DENR
Administrative Order No. 97-32?
4) Prepare an Affidavit- Complaint
5) Outline the procedures in Administrative Adjudication
Proceedings
CASE FOR GROUP 3

On January 1, 2013 at about 2:00 o’clock A.M., your team spotted a

vehicle with plate number LMN-789 allegedly loaded with forest products. When
asked by your team to open the conveyance to see what’s inside, the owner
Mee Lim without hesitation opened it. Forest products were indeed loaded
therein, however when asked for the DENR required documents, Mee Lim could
not produce one. During that time a bombing incident also occurred nearby
prompting your team to run away from the said conveyance, thus failing to
apprehend/confiscate the said forest products and conveyance. Right after the
bombing incident, a continuous search for the said vehicle was conducted, and
hence after 12 hours your team found it parked along the road still loading the
undocumented forest products. Your team again requested that the
conveyance be opened, however Mee Lim now refuses to open it.
1. Confronted with this situation will you apprehend the lumber and/or
the conveyance used? Why?
2. If despite refusal of Mee Lim to open the conveyance, Denar Misor,
the CENR Officer issued an apprehension receipt to Mee Lim. Was
the issuance of an apprehension receipt proper despite the fact that
no search warrant has yet been issued?
3. If after the lumber and the conveyance were apprehended by Denar
Misor, Mee Lim filed a civil case for damages against him alleging
illegal apprehension. What is the remedy of Denar Misor?
4. Outline your course of action in question #3.
5. Outline the procedures in Administrative Adjudication Proceedings