QuestionsQuestions (NEDA)
The Circular establishes the rules for the administrative apprehension, seizure, confiscation, and disposition of illegally possessed/cut/gathered/removed/transported forest products, and the machineries, equipment, tools, implements, and conveyances used in connection therewith. It is issued pursuant to E.O. No. 224, P.D. No. 705 (as amended), and other pertinent policies, rules, and regulations.
Apprehension is the initial measure after probable cause with respect to items found in possession/control/custody. Seizure is the official act of taking items into government custody pending formal administrative proceedings. Confiscation is the NPC declaring (after due process and hearing) that the items become property of the Government. Forfeiture occurs when items are submitted by the NPC for disposition and surrendered in favor of the Government.
It governs apprehension and adjudication of violations and disposition of illegal forest products and related items apprehended/confiscated/seized within NPC watershed managed reservations and other areas where NPC has existing co-management agreements with other entities.
They are illegal if removed/cut/collected/caught/processed/transported without the required authorization/permit; with incomplete required supporting documents; with genuine authorizations/supporting documents that are expired, cancelled, or contain forged entries; or with spurious (fake) authorizations/permits/supporting documents. Also, items exceeding authorized quantity/quality as provided in Section 5 are considered illegal.
The Circular requires original documents to actually accompany forest products during movement/transport. If authorization/supporting documentation is required but does not actually accompany the forest products, such absence constitutes a violation covered by the Circular.
The Circular also covers (1) machinery/equipment/tools/implements used in possession/gathering/collecting/processing/transporting illegal forest products, and (2) conveyances (vehicles/crafts/means of transport, motorized or not) used to take/maintain possession/control or to transport illegal forest products.
Apprehending officers include Forest Officers, NPC-designated Deputies (deputized by the NPC President or his authorized representative), members of law enforcement agencies, and private citizens as provided by law. Administrative seizure must be effected only by designated Seizure Officers: the WAT Chief/SWMS/other officers of the same rank assigned to the area at the time of apprehension, or other NPC officers designated in writing by the President.
Upon inspection/interception or discovery of abandoned/unknown-owner items, apprehending officers must: (1) identify themselves and exhibit identification; (2) invoke the Rules and announce commencement of verification; (3) conduct ocular inspection to verify authorizations and documentation; (4) release items immediately if probable cause is absent, with proper NPC seal/notation; (5) if probable cause exists, inform the persons, recite constitutional rights (Miranda), prepare an On-Site Record (including involved persons and itemized tools/machinery), request signatures, and document refusal; and (6) take temporary custody of the person only for immediate delivery to the nearest police station.
The Apprehension Receipt must state the precise nature of the offense, issuance time/date/place, and the full names and signatures of both apprehending officer and offender(s). If the offender refuses to sign/acknowledge or refuses to take delivery, the fact and explanation must be written on the receipt.
The apprehending officer must deliver the apprehended items as soon as possible to the nearest authorized Seizure Officer, who signs and issues a Seizure Receipt with required details and an itemized list. The Seizure Officer verifies documents and item correspondence, may require a sworn statement for variances, personally examines apprehending officer/witnesses, and issues a SEIZURE ORDER if probable cause exists.
A Notice of Hearing is issued within two (2) weeks from the Seizure Order, with the Incident Report and requirement for the respondent to bring controverting evidence/witnesses; non-attendance leads to default judgment. The Hearing Officer presides; parties may be heard personally or through counsel, and the proceedings are recorded/minuted. A complete set of supporting documents must be provided, and controverting evidence can be presented via testimony or memoranda with affidavits. The hearing must be completed within thirty (30) regular business days from commencement.
Among others: apprehended persons involved had full knowledge and willingly participated; registered owner/operator/driver had full knowledge and willingly participated by providing/authorizing conveyance use (with partnership/corporation officers implicated if they authorized instructions); and forest products were obtained from an illegal source—unless specifically controverted and overcome by preponderance of evidence.
Decision becomes final and executory after 15 days from receipt by the concerned party unless a Motion for Reconsideration is filed within 15 calendar days (non-extendible). If MR is denied and a Notice of Appeal is filed within 15 calendar days from receipt of denial (non-extendible), records are transmitted to the Office of the NPC President. The Office of the President decides within 30 days from receipt of appeal; thereafter, a party may file one MR within 15 days from receipt of the President’s decision.
If evidence shows the conveyance may be used for lawful purposes and the applicant is not a respondent among apprehended persons and is not complicit, temporary release may be allowed pendente lite upon: NPC confirmation in the record; a sworn statement/undertaking by the applicant; and posting a cash or surety bond equivalent to 125% of the replacement cost. A personal/private bond is not allowed. Misrepresentation or failure to comply leads to recall and bond forfeiture.
Items are immediately apprehended; photographs are taken when practicable and attached to records. Required On-Site Record/Incident Report/Apprehension Receipt are prepared. Instead of serving the Apprehension Receipt, a Notice of Apprehension is left/posted on-site with required details. Notice of Hearing must be posted in at least three (3) public places for at least two (2) weeks. Failure to appear is waiver of rights to items, and the Hearing Officer issues a decision based on evidence.