Question & AnswerQ&A (DENR ADMINISTRATIVE ORDER NO. 59)
Under Section 1 of DENR Administrative Order No. 59, 'conveyance' includes any type or class of vehicle, craft, whether motorized or not, used on land, water, or air, or any combination thereof, or any mode of transport used in the movement of forest products including all its implements and accessories.
Section 2 provides that all conveyances used in the transport of any forest product obtained or gathered illegally, whether or not covered with transport documents found spurious or irregular, shall be confiscated in favor of the government or disposed of according to pertinent laws, regulations, or policies.
Section 3 requires that the shipper and conveyance owner or their authorized representatives must enter into a transport agreement under oath on a prescribed form and submit it to the CENRO as a basis for issuing transport documents. The agreement includes an undertaking that the conveyance owner shall be held liable in case of illegally transported forest products.
According to Section 4, the Secretary or his authorized representatives such as forest officers, natural resources officers, or deputized DENR officers are authorized to seize such conveyances. Deputized military and other agency personnel must notify the nearest DENR offices and turn over the conveyances.
Section 6 mandates that forest or natural resources officers must submit a seizure report within three days to the Secretary or their authorized representative. Section 7 further requires a written notice to the owner or representative, who is given an opportunity to be heard within three days by submitting affidavits or electing for a formal hearing.
As per Section 9, all conveyances used to transport forest products from illegal sources or covered by spurious documents shall be declared forfeited in favor of the government. They may be used for forest protection/development or sold at public auction following existing policies.
Section 10 states that after one month from confiscation and if the case is unresolved, an application for temporary release may be filed upon posting a cash bond equal to the conveyance's value or a GSIS surety bond double its value, plus a guarantee from a responsible public official. However, release is prohibited if transport is not covered by a valid agreement or if the owner has previous similar derogatory records.
No. Section 12 clarifies that confiscation does not prevent filing of criminal action against the conveyance owner or person who used it in committing the offense.
Section 13 repeals or modifies MNR Circular No. 10, series of 1983, MNR Memorandum Order No. 2, series of 1984, and all other inconsistent orders, circulars, and issuances.
Section 14 states that the Order took effect immediately upon its adoption on June 22, 1990.