Question & AnswerQ&A (DENR DEPARTMENT ADMINISTRATIVE ORDER NO. 97-32)
Apprehension is the initial measure taken by the DENR when probable cause is determined and illegally possessed, cut, gathered, removed, or transported forest products or related items are found or intercepted, taking temporary possession and control for administrative disposition.
Authorized persons include DENR Forest Officers, Deputies (other government officials and private citizens deputized by the DENR), members of law enforcement agencies, and private citizens as provided by law.
Illegal forest products, machinery, equipment, tools, and implements used in connection with illegal forest products, and conveyances used to transport these illegal items.
Forest products removed, cut, collected, processed or transported without the requisite permit or authorization; with incomplete or expired documentation; with canceled or forged documents; or with spurious permits or documentation.
The existence of probable cause that indicates an offense has been committed, evidence supports the offender's probable guilt, and the items are the proceeds of the violation, as verified by the designated DENR Officer.
The officer must verbally inform the suspect of the findings, prepare a written on-site record of the persons involved, itemize tools and equipment if any, note the date and request signatures; also document refusal if the suspect refuses to sign.
A quantity exceeding 5% for timber or 2% for lumber beyond authorization is presumed fraudulent misrepresentation with intent to defraud the government, making the entire shipment illegal and subject to apprehension, seizure, and confiscation.
The Hearing Officer presides over the summary hearing, hears all interested parties or counsel, examines evidence, allows presentation of controverting evidence, and issues a recommendation for decision by the Regional Executive Director.
They may file one Motion for Reconsideration within 15 calendar days from receipt of the decision, and file an appeal to the DENR Secretary within 15 days after the ruling on the motion. Thereafter, appeal to the Office of the President is possible under EO No. 19, Series of 1996.
The Hearing Officer may grant temporary release if the conveyance is used for lawful purposes, the applicant is not a respondent, has no prior violations, evidence does not implicate the applicant, the applicant submits a sworn statement, undertakes to return the conveyance, and posts a bond equivalent to 125% of the replacement cost.
They are subject to penalties imposed by the DENR Secretary in accordance with law, including disciplinary action for culpable violations either direct or indirect of these Rules.
All proceeds belong to the government, revert to the General Fund, and must be remitted to the DENR Central Office with proper documentation. Quarterly and annual reports on proceeds remitted are also required.
They shall be apprehended immediately, photographic evidence taken, On-Site Record and Apprehension Receipt prepared, notices posted publicly, and summary confiscation proceedings conducted. Failure of interested parties to appear at hearing results in waiver and government ownership.
Presumed facts include full knowledge and participation of all apprehended individuals, full knowledge and authorization by registered owners/operators of conveyances used, and that forest products involved were obtained from an illegal source, unless proven otherwise.
To collect, store, process, monitor, analyze, and submit central office quarterly and annual reports on administrative confiscation cases for the Secretary and oversee reportorial requirements for effective rule implementation.