Question & AnswerQ&A (DENR DEPARTMENT ADMINISTRATIVE ORDER NO. 54 s. 1993)
The term 'conveyance' includes any type or class of vehicle or craft, motorized or not, used on land, water, air, or a combination thereof, including any mode of transport used in moving forest products, with all implements and accessories.
All conveyances used in transporting logs, lumber, or any forest product cut, gathered, or removed illegally, or possessed without legal documents as per Sections 68 and 68-A of P.D. 705, are subject to confiscation and forfeiture in favor of the government.
The shipper and the conveyance owner or their authorized representatives must enter into a transport agreement and submit it to the Community Environment and Natural Resources Officer (CENRO) as a prerequisite to the issuance of a transport document. The agreement holds the conveyance owner liable if illegally transported forest products are involved.
The Secretary of DENR or authorized representatives such as forest officers, natural resources officers, deputized military personnel, and officials of other agencies are authorized to seize such conveyances.
They must submit a report of the seizure to the Secretary or his duly authorized representative within three (3) days from the time of apprehension or knowledge of the seizure.
The owner or representative of the conveyance shall receive written notice of the seizure and the proceedings, and will be given the opportunity to submit sworn statements or affidavits within five (5) days explaining why the conveyance should not be forfeited.
Despite due notice, if no affidavit or statements are submitted, the CENRO/PENRO will still submit a report with recommendations to the Regional Executive Director (RED) for further action.
The RED reviews the records, ensures due notice was given, and within thirty (30) days determines whether the forest products came from illegal sources and if the conveyance was used in transporting them. The RED then issues an Order of Forfeiture if warranted.
No. The lack of knowledge or consent by the owner that the conveyance was used to transport illegal forest products does not prevent forfeiture under these regulations.
A seized conveyance may be released only if the forest products are found not illegal or covered by legal documents, or if the conveyance was not used in committing offenses under Section 68 of P.D. 705.
The Order of Forfeiture becomes final, and the RED causes the conveyance to be recorded as government property. The conveyance may then be used for forest protection or sold at public auction.
No. The forfeiture is without prejudice to filing criminal action against the owner or any person who used the conveyance in committing the offense.
It took effect fifteen (15) days after its publication in a newspaper of general circulation.