Guidelines on Disposition of Confiscated Forest Products

The following confiscated logs, lumber, and other forest products may be disposed through donation under Section 1.
Products that are not subject of a pending case in court or with other appropriate office are eligible.
Products with no claimants or offenders against whom the case could be filed are eligible.
Products found abandoned within forest areas are eligible when ownership cannot be ascertained and there are no claimants.
Disposal through donation is limited to the eligible items described in Section 1.

Barangays may receive donations under Section 2(a).
Municipal and Provincial Governments may receive donations under Section 2(b).
Other Government agencies may receive donations under Section 2(c) when their functions require wood materials or other forest products to enhance services to the general public.
Donations of confiscated forest products are restricted to the categories of beneficiaries in Section 2.

Donation requests must be supported by documents listed in Section 3.
The request must include a justification for the construction/establishment of the infrastructure under Section 3(a).
The request must include a bill of materials and building plan duly approved by the Project Engineer under Section 3(b).
For barangay constructions or similar projects, a simple sketch plan duly signed by the building foreman or barangay captain suffices in place of the bill of materials and building plan requirement under Section 3(b).
The request must include a certification by the Provincial Auditor that there is no fund or appropriation for the purchase of the required wood materials under Section 3(c).
For barangay constructions or similar projects, a certification from the Municipal Development Officer suffices under Section 3(c).
The request must include a certification from the CENRO/PENRO/Regional Office concerned that the volume or amount of forest products is available for disposition under Section 3(d).

When two (2) or more parties request the same confiscated forest products, priority is given in the order listed in Section 4.
Highest priority is given to needy victims of disasters as certified by DSWD under Section 4(a).
Next priority is given to the School Building Program of DECS and those undertaken by the Department of National Defense/AFP Engineering Brigade under Section 4(b).
Health Centers are prioritized next under Section 4(c).
Public Markets are prioritized next under Section 4(d).
Municipal Buildings are prioritized next under Section 4(e).
Police Stations are prioritized next under Section 4(f).
AFP camps are prioritized next under Section 4(g).
The DPWH, for projects benefiting the greater number and pursuant to a Memorandum of Agreement entered into between DPWH and DENR dated 18 June 1992, is prioritized next under Section 4(h).
Local Government Units with jurisdiction over the place where the logs, lumber, or forest products were cut, gathered and/or confiscated are prioritized next under Section 4(i).
Commitments to provincial, regional and national projects are prioritized next under Section 4(j).

Disposition of confiscated logs, lumber, and other forest products for public infrastructure projects must be made upon approval of the Secretary of Environment and Natural Resources or his duly authorized representative under Section 5.
The approval is made pursuant to DENR Administrative Order No. 38, Series of 1990, and DENR Memorandum Circular No. 12, Series of 1992 under Section 5.
After approval, the official concerned who has custody of the confiscated products must release them and issue the necessary supporting documents under Section 5.
The recipient must sign an acknowledgment receipt for the donated logs, lumber, and other forest products under Section 5.
The recipient must submit the acknowledgment receipt to the CENRO/PENRO/Regional Officer concerned under Section 5.

A certification of completion must be submitted by the donee to the concerned DENR office under Section 6.
The completion certification must be duly attested by the DENR official concerned and the Provincial Auditor under Section 6.
The completion submission must include:
- a certification by the Project Engineer of completion of the project/s under Section 6(a);
- species and volume of timber and other forest products utilized in the project out of the disposed forest products under Section 6(b); and
- photographs of the completed project showing the specific portion(s) where the donated materials were utilized under Section 6(c).

All Memorandum Orders, Circulars, Rules and Regulations inconsistent with OP Memorandum Order No. 162 are repealed or modified accordingly under Section 7.

The order takes effect immediately under Section 8.
It was adopted on 19 Aug. 1993 by FIDEL V. RAMOS and signed by the President, with TEOFISTO T. GUINGONA, JR. as Executive Secretary.