Conveyances Subject to Confiscation and Forfeiture
- Any conveyance used to transport forest products obtained illegally is subject to confiscation.
- Confiscation applies whether transport documents are absent, spurious, or irregular.
- Confiscated conveyances are forfeited to the government or disposed of per relevant laws.
Requirement to Transport Forest Products
- A transport agreement under oath must be executed by the shipper and conveyance owner or their authorized representatives before transporting forest products.
- This agreement is submitted to the Community Environment and Natural Resources Office (CENRO) as basis for issuing transport documents.
- The conveyance owner undertakes liability for illegally transported forest products.
Authorization for Seizure of Conveyances
- The Secretary of DENR or authorized representatives (forest officers, natural resources officers, deputized DENR officers) can seize conveyances.
- Deputized military and other agency personnel must notify DENR field offices and turn over seized forest products and conveyances.
- Seized conveyances are deposited with appropriate DENR field offices for safekeeping.
Action on Illegally Used Conveyances
- Disposition of confiscated conveyances follows specific regulations.
- No seized conveyance may be released without prior approval from the Secretary or authorized representative.
Report of Confiscation/Seizure
- Forest or natural resources officers must report any seizure within three days to the Secretary or authorized representative.
Notice to Owner and Opportunity to be Heard
- Written notice of seizure is given to the owner or representative to comply with due process.
- Owners may submit sworn statements/affidavits within three days or request a formal hearing in writing.
- "Representative" includes any person in possession of the conveyance at seizure.
Report and Recommendation on Seized Conveyance
- After receiving owner's statement or absence thereof, DENR representative determines if the conveyance was used illegally.
- A report and recommendation are submitted to the Secretary or Regional Executive Director within one week.
Disposition of Conveyance
- Conveyances used in illegal transport or with spurious documents are forfeited to the government.
- Forfeited conveyances may be used for forest protection or auctioned following government property disposition rules.
Temporary Release of Conveyance
- After one month, the owner may apply for temporary release pending case resolution.
- Requirements include:
- Posting a cash bond equal to or a GSIS surety bond double the value as certified by COA.
- Guarantee from a responsible official to produce the conveyance when required.
- Temporary release is prohibited if:
- Transport lacks a valid transport agreement.
- The owner has a previous derogatory record.
- The irregularity is obvious and should have been detected by due diligence.
Criminal Action
- Confiscation is without prejudice to criminal charges against the owner or user of the conveyance.
Repealing Clause
- Prior orders and issuances inconsistent with this Order are repealed or modified accordingly.
Effectivity
- The guidelines take effect immediately as of June 22, 1990.