Legal basis and clarified rule
- DENR Memorandum Circular No. 2003-11 clarifies the 1997 rules for the administrative adjudication of illegal forest products.
- The clarified framework is the administrative adjudication rules under DENR Administrative Order No. 97-32.
- The circular ties compliance and enforcement to the continuing effect and implementation of DENR Administrative Order No. 97-32.
Core requirement: transport documents always
- Original shipping/transport documents must be required at all times to accompany any forest products being moved or transported.
- The accompaniment requirement applies to any place and for any purpose.
- The required shipping/transport documents must be the original documents, not merely copies, as the rule requires the “original shipping/transport documents.”
Consequence of non-accompaniment
- When the requisite shipping/transport documents are required to be shown but do not actually accompany the forest products, the absence is a violation of the rules under DENR Administrative Order No. 97-32.
- Forest products with shipping/transport documents that do not actually accompany them are deemed to be illegally sourced.
- Deemed-illegally sourced forest products must be handled when apprehended/seized in accordance with DENR Administrative Order No. 97-32.
Enforcement obligation for DENR personnel
- DENR Memorandum Circular No. 2003-11 enjoins DENR field officers and other concerned persons to comply with the circular’s requirements.
- DENR Memorandum Circular No. 2003-11 also enjoins compliance with other applicable rules and regulations governing proper conduct and implementation of the administrative adjudication of illegal forest products.
- Field officers and concerned implementing units are required to apply the transport-document accompaniment requirement as a continuing enforcement standard.
Immediate operational direction
- The circular requires immediate operational compliance beginning on 24 June 2003.
- Apprehension/seizure and adjudication actions for forest products without the required accompanying documents are governed by DENR Administrative Order No. 97-32.
- The circular’s compliance directive governs movement and transport of forest products for any place and any purpose under the DENR adjudication framework.