QuestionsQuestions (DENR DEPARTMENT ADMINISTRATIVE ORDER NO. 97-32)
“Apprehension” is the initial DENR action, after probable cause, where authorized persons take temporary possession/control of items subject to the Rules. “Seizure” is the act of taking the items into government custody upon a prima facie case for administrative proceedings. “Confiscation” is the DENR’s act declaring the items become government property after administrative guilt. “Forfeiture” refers to seeking judicial forfeiture in addition to other remedies when items are submitted to judicial proceedings.
Any “forest products” (timber, lumber, pulpwood, firewood, bark, resin/gum, honey/beeswax, nipa, rattan, charcoal, and other forest growth/plant materials) that are removed, cut, gathered, processed, or transported: (a) without required authorization/permit; (b) with incomplete required supporting documents; (c) with expired/cancelled or forged genuines; or (d) with spurious/fake authorizations or documents.
When original required documents do not actually accompany the forest products during movement/transport, such absence is considered a violation covered by the Rules.
The machinery, equipment, tools, and implements used in possession, gathering, collecting, processing, and/or transporting illegal forest products; and the conveyances (any land/water/air vehicle or craft or other means, motorized or not) used for or in taking/maintaining possession/control, gathering/processing/disposing/transporting illegal forest products.
Apprehensions may be made by DENR forest officers, deputized deputies (as authorized by the DENR Secretary), members of law enforcement agencies, and private citizens as provided by law. Seizures (administrative custody) may be effected only by designated Seizure Officers: RED (or RTD in his absence), PENRO (or SFMS/SEMS in his absence), CENRO (or Forester III/LMO III in his absence), and other officers designated in writing by the Secretary.
It takes effect when a Seizure Officer actually takes delivery from the apprehending officer for purposes of holding the items in custodia legis and thereby assumes possession/control, accompanied by issuance of the Seizure Receipt.
He must identify himself (full name, rank, official designation), exhibit his current DENR ID if DENR personnel (or proper ID if not), invoke the Rules, announce commencement of a verification procedure, and verify existence of probable cause.
The release of all items inspected must be effected immediately, and the DENR official seal of inspection/verification must be rubber-stamped (or otherwise affixed) on the face of transport documents; if no seal, date/fact of inspection/release must be written and signed in the logbook.
The apprehending officer must: (a) verbally inform persons apprehended; (b) prepare a written on-site record listing names/addresses and other available data of persons in possession/control/supervision and those involved; (c) itemize on-site machinery/equipment/tools used; then indicate the date, sign, and request offenders to sign; refusal and its circumstances must be written in their presence.
Presumed when shipment/stock exceeds authorized documented quantity by at least 5% for timber and/or 2% for lumber, or upon misdeclaration of quantity and species. Consequence: the entire shipment is treated as illegal and subject to apprehension/seizure for confiscation or forfeiture even if some documents are otherwise verified as in order.
If the violation involves a conveyance, the seizing officer inspects Certificate of Registration, Official Receipt, and Driver’s License (or similar authority). These documents are returned to the holder after recording the holder’s identity/address and the conveyance’s identifying details.
It is issued to the offender upon completion of procedures and finding probable cause. It must state: the precise nature of the offense, the time/date/place of issuance, and full names and signatures of both apprehending officer and offender(s). Refusal to sign/acknowledge must be documented in writing with explanation.
When counting/measurement/description/scaling/weighing/value estimation and/or related documentation remains incomplete at the close of regular office hours. The receipt is marked “PROVISIONAL,” explains why, states the date/time/place when documentation will resume, and is repeated daily until completion.
Apprehended items are delivered to the authorized Seizure Officer who issues a Seizure Receipt with an itemized list. The Seizure Officer verifies a prima facie case by checking documents and whether items delivered coincide with the apprehension documents. If a prima facie case exists, a SEIZURE ORDER is issued. If conveyance is a government vehicle, it is released to the proper office’s highest regional official after seizure proceedings as described.
A Notice of Hearing is issued scheduling a summary hearing within one (1) calendar week from SEIZURE ORDER date, or within two (2) calendar weeks if all interested parties request in writing. The hearing is to determine guilt for confiscation.
Substantial evidence is sufficient. If not met, the case is dismissed and seized items are ordered returned. If evidence warrants, seized items are declared confiscated in favor of the Government, with recommendations for further prosecution if any.
Among others: (a) those apprehended on-site for participation had full knowledge and willingly participated; (b) the registered owner/operator/driver of a conveyance had full knowledge and willingly participated by providing the conveyance for illegal use (and partners/officers in corporations/partnerships likewise had knowledge/authorization); and (c) forest products were obtained from an illegal source—unless specifically controverted and overcome by a preponderance of evidence.
A party may file only one Motion for Reconsideration within 15 calendar days from receipt (non-extendible). After ruling, a party may file one Notice of Appeal to the DENR Secretary within 15 calendar days from receipt of the MR ruling (after paying appeal fee). The Secretary’s decision may be further challenged via one more MR within 15 days; thereafter, the party may appeal to the Office of the President under Executive Order No. 19, series of 1996.
Items are apprehended; photographs are taken when practicable and annotated by the apprehending officer. Instead of serving an Apprehension Receipt, a notice of apprehension is left/posted on-site with required details. Summary proceedings require Notice of Hearing to be posted at least three times weekly for three consecutive weeks in public places. Non-appearance is treated as waiver of right to appear/rights to items; the Hearing Officer then issues decision based on evidence at hand.