Law Summary
Conveyances Subject to Confiscation and Forfeiture
- All conveyances used to transport illegally cut, gathered, or removed forest products without legal documents.
- Confiscation and forfeiture are in favor of the government.
- Disposal of confiscated conveyances follows relevant laws, regulations, and policies.
Requirement to Transport Forest Products
- A transport agreement must be executed between the shipper and conveyance owner or their authorized representatives before transporting forest products.
- The agreement is submitted to the Community Environment and Natural Resources Officer (CENRO) as a prerequisite for transport document issuance.
- Conveyance owners undertake liability for illegal transport.
Authorized Persons to Seize Conveyances
- The DENR Secretary or authorized representatives, including forest and natural resources officers, can seize conveyances.
- Deputized military personnel and other agency officials may apprehend illegal forest products and related conveyances but must notify DENR and turn over items for proper disposition.
- Seized conveyances are deposited with the nearest CENRO/PENRO/RED office.
Reporting of Seizure
- Forest or natural resources officers must report seizures to the Secretary or authorized representatives within three days of apprehension.
Notice to Owner and Due Process
- Proceedings for confiscation target the conveyance itself.
- CENRO/PENRO must give written notice to the owner or representative about seizure and proceedings.
- Owners are granted an opportunity to be heard by submitting sworn statements within five days.
- "Representative" includes any person in possession of the conveyance during seizure.
Actions by CENRO/PENRO
- Within five days after receiving affidavits or if none is received, CENRO/PENRO submits a report with recommendations to the Regional Executive Director (RED).
Actions by Regional Executive Director (RED)
- RED reviews case records within thirty days.
- RED determines if the forest products were illegally sourced and if conveyance was used in illegal transport.
Order of Forfeiture
- Conveyances found used for transporting illegal forest products are forfeited to the government.
- The RED issues the forfeiture order with due notice to the owner or representative.
Release of Conveyance
- Lack of owner’s knowledge or consent about illegal transport does not exempt forfeiture.
- Conveyances may be released only if forest products are legal or the conveyance was not used in committing offenses.
Appeals and Disposition of Forfeited Conveyances
- Owner has 15 days to file motion for reconsideration or appeal after receipt of forfeiture order.
- If no appeal, forfeiture order becomes final.
- Forfeited conveyances are recorded as government property.
- They may be used for forest protection or sold by public auction per existing laws.
Criminal Action
- Forfeiture does not prevent filing criminal charges against the owner or user of the conveyance.
Repealing Clause
- Previous inconsistent orders, circulars, and issuances are repealed or modified accordingly.
Effectivity
- The order takes effect 15 days after its publication in a newspaper of general circulation.