QuestionsQuestions (OP MEMORANDUM ORDER NO. 162)
It covers confiscated logs, lumber, and other forest products that: (1) are not subject of a pending case in court or with other appropriate office; (2) have no claimants or offenders against whom a case could be filed; and (3) are found abandoned in forest areas where ownership cannot be ascertained and there are no claimants.
When they fall under the coverage in Section 1: not pending cases, no claimants/offenders to file cases against, and abandoned within forest areas with unascertainable ownership and no claimants.
Barangays; municipal and provincial governments; and other government agencies whose functions require wood materials or other forest products to enhance public services.
The Secretary of Environment and Natural Resources or his duly authorized representative, pursuant to DENR Administrative Order No. 38 (Series of 1990) and DENR Memorandum Circular No. 12 (Series of 1992).
The request must include: (a) justification for the infrastructure; (b) bill of materials and building plan approved by the Project Engineer (or a simple sketch plan signed by the building foreman or barangay captain for barangay/similar projects); (c) certification by the Provincial Auditor that there is no fund/appropriation for purchase of required wood materials (or certification from the Municipal Development Officer for barangay/similar projects); and (d) certification from the CENRO/PENRO/Regional Office that the volume/amount is available for disposition.
For barangay/similar projects, a simple sketch plan signed by the building foreman or barangay captain may suffice instead of an approved building plan and bill of materials; and the certification of lack of funds may be from the Municipal Development Officer instead of the Provincial Auditor.
The official with custody of the confiscated forest products shall release the same and issue the necessary supporting documents. The recipient must sign an acknowledgment receipt and submit it to the CENRO/PENRO/Regional Officer concerned.
The recipient must sign an acknowledgment receipt of the donated materials and submit it to the CENRO/PENRO/Regional Officer concerned.
The donee must submit a certification of completion of the project to the concerned DENR office, attested by the concerned DENR official and the Provincial Auditor.
It must include: (a) certification by the Project Engineer of completion; (b) species and volume of timber/forest products utilized in the project out of the disposed materials; and (c) photographs of the completed project showing the specific portion(s) where the donated materials were used.
Priority is given according to the order listed in Section 4: (a) needy disaster victims (DSWD); (b) DECS School Building Program and DND/AFP Engineering Brigade projects; (c) health centers; (d) public markets; (e) municipal buildings; (f) police stations; (g) AFP camps; (h) DPWH projects benefiting the greater number pursuant to a 18 June 1992 MOA with DENR; (i) LGUs with jurisdiction over the cut/gather/confiscation place; and (j) commitments to provincial/regional/national projects.
Health centers, then public markets, then municipal buildings, then police stations, then AFP camps, then DPWH projects meeting the specified MOA criteria, and then LGUs with jurisdiction over the confiscation area.
The DPWH projects must cater to the benefit of the greater number and be pursuant to a Memorandum of Agreement entered into between DPWH and DENR dated 18 June 1992.
It requires custody release by the responsible official, issuing supporting documents, and proper acknowledgment receipt by the recipient submitted to the concerned DENR field office (CENRO/PENRO/Regional Office).
No. Disposition must be upon approval by the DENR Secretary or duly authorized representative.
All memorandum orders, circulars, rules, and regulations inconsistent with the Memorandum Order are repealed or modified accordingly.
It takes effect immediately.