Definitions and what counts as illegal
- “Apprehension” is the initial measure by the DENR when, upon probable cause, authorized persons take temporary possession and control of the items listed in Section 2.
- “Seizure” is the official act of taking items into government custody when apprehension is supported by a prima facie case, pending formal administrative disposition.
- “Confiscation” is the DENR’s official declaration, upon guilt in administrative proceedings, that items listed in Section 2 become property of the Government.
- “Forfeiture” is sought in judicial proceedings in addition to remedies applied in the prosecution of the case.
- “Forest products” include timber and enumerated forest growth and related products such as lumber, pulpwood, firewood, bark, tree top, resin, gum, wood, oil, honey, beeswax, nipa, rattan, charcoal, and other forest growth including grass, shrub, and flowering plants in forest lands.
- “Forest officers” are DENR officials and employees charged with enforcing forestry laws, rules, and regulations.
- “Illegal forest products” are forest products that are removed, cut, collected, processed, and/or transported:
- without the requisite authorization or permit; or
- with incomplete required supporting documents (i.e., documents required by law and DENR rules); or
- with genuine authorizations/permits/supporting documents that have expired validity, have been cancelled, or contain forged entries; or
- with spurious (fake) authorizations/permits/supporting documentation.
- The law requires that original documents must actually accompany forest products being moved or transported for any purpose; failure of the required authorization/supporting documentation to physically accompany the products constitutes a violation covered by these Rules.
Items subject to apprehension, seizure, confiscation
- Apprehension, seizure, confiscation, and forfeiture cover illegal forest products defined in Section 2(a).
- The Rules also cover “machinery, equipment, tools and implements” used in the possession, gathering, collecting, processing, and/or transporting of illegal forest products (Section 2(b)).
- The Rules also cover “conveyances” used for taking and/or maintaining temporary or permanent possession/control, gathering, collecting, processing, disposing of, or transporting illegal forest products, whether motorized or not, on land, water, air, or any combination (Section 2(c)).
- When the Rules establish illegal status under fraudulent misrepresentation, the whole shipment is treated as illegal and processed through confiscation/forfeiture proceedings (Section 4(4)).
Who may apprehend and who may seize
- Apprehension may be made by:
- forest officers;
- deputies (government officials or private citizens duly deputized by the DENR Secretary or authorized representative);
- members of law enforcement agencies; and
- private citizens as provided by law.
- Administrative seizure takes effect when a designated Seizure Officer actually takes delivery from an apprehending officer and assumes possession/control for custodia legis (Section 6 and Section 3(2)).
- Only these are designated as Seizure Officers within their areas of operation:
- the DENR Regional Executive Director (RED), or in absence, an RTD actually assigned to the area;
- the Provincial Environment & Natural Resources Officer (PENRO), or in absence, a Senior Forest Management Specialist (SFMS) or Senior Environmental Management Specialist (SEMS) actually assigned to the area;
- the Community Environment & Natural Resources Officer (CENRO), or in absence, a DENR officer with rank of Forester Ml or Land Management Officer III (LMO III) actually assigned to the area; and
- the Secretary, who may designate other DENR officers in writing for this purpose.
Summary apprehension and seizure procedures
- Apprehending officers must follow summary procedures upon inspection/interception of covered items, discovery of abandoned items, or when the owner/claimant/custodian/interested party is absent or cannot be determined (Section 4).
- The officer must first establish bona fides by identifying the officer to witnesses using full name, rank, official designation, and exhibiting DENR ID (or other duly issued ID), then invoking these Rules and announcing commencement of verification (Section 4(1)).
- The officer must conduct an ocular inspection of required authorizations; if all are verified in order and probable cause is absent, the officer must immediately release inspected items.
- When inspections proceed, the officer must apply an official DENR seal on transport documents inspected; if no seal is available, the officer writes the date, notes inspection fact, and release, and signs in the official log book (Section 4(2)).
- If inspection shows a violation and probable cause exists, the officer must:
- verbally inform persons apprehended of the findings and that an apprehension is made under these Rules;
- prepare a written ON-SITE RECORD with names, addresses, and other available data of persons in possession/control/supervision or involved; and
- itemize on-site machinery, equipment, tools, and implements connected with the offense, include date/signature, require offender signatures, and record refusal circumstances in the offender’s presence (Section 4(3)).
- Fraudulent misrepresentation is presumed to show intent to defraud the Government when:
- quantity/volume exceeds what is authorized/documented/manifested/declared by 5% or more for timber; or 2% or more for lumber; and/or
- a misdeclaration on quantity and species is discovered.
- Where fraudulent misrepresentation is presumed, the entire shipment is illegal, must be apprehended/seized, and must proceed to confiscation/forfeiture proceedings even if relevant authorizations/documents are verified as otherwise in order (Section 4(4)).
- For violations involving a conveyance, the seizing officer must announce the apprehension; if government registration is required, the officer must require presentation and inspect certificate of registration, official receipt, and driver’s license or similar authority, then return documents to the holder after noting identity/address and conveyance identifying marks (Section 4(5)).
- The officer must record, if available, time/date/place of apprehension; full name/address of offender(s); names of assistants; circumstances leading to apprehension; names of officials/witnesses; preliminary item description; origin and destination; consignors and consignees; and other pertinent data/comments (Section 4(6)).
- After probable cause is found, an Apprehension Receipt must be issued and handed to the offender, stating precise nature of offense, time/date/place of issuance, and signatures of both apprehending officer and offender(s).
- If measurement/counting/documentation remains incomplete at the end of the day, the receipt must be marked PROVISIONAL and must state commencement date/time and the schedule for resumption; this must be repeated daily until complete (Section 5(2)).
- Documentation must be conducted with full transparency in the presence of interested persons or their representatives; if done without them, the absence must be stated on the ON-SITE REPORT and Apprehension Receipt, and interested persons must be informed promptly with the resumption schedule (Section 5(3)).
Hearing and confiscation adjudication
- Upon issuance of a SEIZURE ORDER, a Notice of Hearing must be issued by the DENR Officer who issued the SEIZURE ORDER, scheduling a format summary hearing:
- within one (1) calendar week from the SEIZURE ORDER date; or
- within two (2) calendar weeks upon written request and signature of all interested parties;
- the hearing may not be postponed without written request of the offender and/or interested parties (Section 7(1)).
- The DENR Officer who issued the SEIZURE ORDER presides as Hearing Officer.
- The hearing is summary and allows interested parties to be heard by themselves and/or through counsel of choice, with ample opportunity to obtain counsel (Section 7(2)).
- A complete set of documents supporting apprehension and seizure must be provided to interested parties at their expense, and parties may present controverting evidence (Section 7(2)).
- Technical rules of evidence and procedure are not strictly controlling; Rules of Court apply suppletorily to ensure justice and equity (Section 7(2)).
- Parties may elect to submit a Memorandum with affidavits and supporting documents requesting decision based on the memoranda instead of testimonial evidence (Section 7(2)).
- The Rules establish disputable presumptions unless specifically controverted and overcome by preponderance of evidence:
- apprehended persons on-site in direct or indirect participation had full knowledge of and willingly participated;
- the registered owner and/or operator/driver of a conveyance had full knowledge and willingly participated by providing the conveyance for illegal use; if the owner is a partnership or corporation, partners/officers had full knowledge and granted authorization/instructions; and
- forest products were obtained from an illegal source (Section 7(3)).
- The Hearing Officer issues recommendation; the RED renders the Decision on substantial evidence.
- If evidence is insufficient, the case must be dismissed, and seized items must be returned forthwith (Section 7(4)).
- If evidence warrants, the Decision must declare seized items confiscated in favor of the Government and may include recommendations for further prosecution (Section 7(4)).
- Confiscation proceedings must generally terminate within fifteen (15) regular business days from commencement unless compelling reasons are stated on the record (Section 7(4)).
- The Decision becomes final and executory after fifteen (15) regular business days unless a Motion for Reconsideration is filed (Section 7(4)).
- Only one Motion for Reconsideration may be filed within a non-extendible period of fifteen (15) calendar days from receipt of the Decision; it must state grounds relied upon concisely.
- The Hearing Officer must rule on the Motion for Reconsideration within fifteen (15) days from receipt (Section 7(5)).
- If a party files a Notice of Appeal within fifteen (15) calendar days from receipt of the Motion Resolution, the Hearing Officer transmits records to the Office of the Secretary for appropriate action; without notice of appeal, records are transmitted automatically (Section 7(5)).
- A party may file an Appeal with the Office of the Secretary within fifteen (15) calendar days from receipt of the Motion Resolution, after paying the corresponding Appeal Fee, stating all issues of fact and law.
- Upon receipt, the Appeal is forwarded to the Undersecretary for Legal and Legislative Affairs, who must submit recommendations within fifteen (15) regular working days (Section 7(6)).
- A party aggrieved by the Secretary’s decision may file only one Motion for Reconsideration within fifteen (15) days from receipt; if not filed, it becomes final and executory.
- The aggrieved party may appeal to the Office of the President pursuant to Executive Order No. 19, Series of 1996 within the same fifteen (15) day period (Section 7(7)).
- When the Decision becomes final and executory, the Undersecretary for Legal and Legislative Affairs issues, motu propio or upon motion, a Certification for submission to the Secretary citing confiscated items (if any) and recommending execution (Section 7(8)).
- Upon Secretary’s approval, confiscated items become permanent Government property, entered into the books, disposed of as required by law, and the Secretary’s approval becomes part of the case records, terminating and closing the case (Section 7(9)).
Abandoned items and unknown owners
- Abandoned illegal forest products and covered items are apprehended immediately, and photographs of the site and items must be taken whenever practicable and must become part of permanent case records, with officer identification and signature at the back of each photograph (Section 8(1)).
- The ON-SITE RECORD OF VIOLATIONS, ON-SITE REPORT, and APPREHENSION RECEIPT must be prepared as required; instead of serving an Apprehension Receipt, a notice of apprehension must be left on-site and posted/tacked to the nearest tree, wall, or similar permanent structure.
- The notice must include date/time/place of apprehension, apprehending officer full name/designation/signature, complete itemized list, summary statement of violations, and the seizure officer’s full name and office address (Section 8(2)).
- Summary seizure/confiscation proceedings are conducted by the Hearing Officer designated in the Rules.
- The Notice of Hearing must be posted at least three (3) times, once every week for three (3) consecutive weeks, in at least three (3) public places, including:
- the Barangay Hall of the apprehension site;
- the bulletin board of DENR offices where proceedings will be conducted; and
- the Municipal Hall of the apprehension site (Section 8(3)).
- If the owner/claimant/interested party fails to appear, the failure is deemed a waiver of the right to appear and of all rights to the items in favor of the Government; the Hearing Officer records this and certifies compliance with posting requirements, then issues Decision based on evidence at hand (Section 8(3)).
- A Motion for Reconsideration and/or Appeal may be taken by any interested party in accordance with Section 4 hereof (Section 8(3)).
Temporary release of apprehended conveyances
- A temporary release may be applied for when a conveyance is apprehended and evidence establishes to the Hearing Officer’s satisfaction that it may be used for lawful purposes pending final disposition.
- The release may be granted pendente lite if the Hearing Officer enters written DENR CONFIRMATION under oath confirming registration documents are secured in the case records, the applicant is not among apprehended persons and not a respondent, the applicant has not previously been held administratively or criminally liable for forestry violations, and evidence shows no complicity (Section 9(1)).
- The applicant must submit a Sworn Statement declaring claim nature; that the applicant has not previously been held liable; the lawful uses during pendency; the conveyance’s replacement cost at filing; and an unconditional undertaking to return possession to DENR when required (Section 9(2)).
- The applicant must post a cash or surety bond as a precondition to actual release; no personal or private bond/guarantee/recognizance is allowed for this purpose (Section 9(3)).
- The bond must be equivalent to 125% of the conveyance’s replacement cost at the time the bond is submitted.
- Cash bonds must be filed in favor of DENR with the nearest DENR Regional, Provincial, or Community Office; surety bonds must come from GSIS or other government surety; original bond documents must be submitted to the Hearing Officer and become part of the records (Section 9(3)).
- Misrepresentation or failure to comply with representations/undertakings results in recall by the Hearing Officer and immediate return by the applicant to DENR; failure to return causes bond calling and forfeiture to the Government (Section 9(4)).
- When the Decision becomes final and executory and administrative confiscation of the conveyance is not ordered, immediate return to the owner and cancellation/return of the bond must be ordered; the Hearing Officer issues an Order with the Decision attached unless the Decision itself mandates differently (Section 9(5)).
Arrests, criminal complaints, damages
- The apprehending officer may, when warranted, effect arrest and detention of persons apprehended and must deliver them to proper authorities in accordance with Presidential Decree No. 705, as amended (Section 10(1)).
- If evidence in any administrative case warrants, the Hearing Officer must initiate filing of a criminal complaint before the City/Provincial Prosecutor or the Municipal Trial Court of appropriate jurisdiction for preliminary investigation and prosecution according to law (Section 10(2)).
- DENR personnel must coordinate without delay with the Department of Justice Task Force on Environment and Natural Resources (DENR-STF-ENR) and must strictly comply with its directives regarding arrests and prosecution (Section 10(3)).
- In initiating and prosecuting criminal charges, the cognizant DENR officer must contemporaneously file for:
- actual damages equal to the value of illegally forest products confiscated; and
- moral and exemplary damages for prejudice to the environment equal to ten times (10X) the value of the confiscated forest products (Section 10(4)).
- If evidence warrants, the Hearing Officer must promptly send a certified complete set of records and formal indorsements to other cognizant government agencies for investigation/prosecution; agencies may include:
- Bureau of Internal Revenue for failure to pay forestry charges and taxes;
- Department of Trade and Industry for trade and industry law violations; and
- Securities and Exchange Commission (Section 10(5)).
- These guidelines apply in addition to other remedies and requirements under public policy, law, rules, and regulations (Section 10(6)).
Reporting, secrecy controls, and disposition
- Quarterly reports must be submitted by Regional Executive Directors to the Secretary, with copies to the Undersecretary for Legal and Legislative Affairs, Undersecretary for Field Operations, and Director of the Forest Management Bureau (Section 11).
- Quarterly reports must include:
- a complete list of administrative cases initiated under these Rules, with pertinent dates, places, parties, status, estimated completion period, and recommendations for efficient disposition;
- a complete list of seized and detained items pendente lite with descriptions, current condition, and detention/safekeeping location, plus a second list of temporarily released conveyances with recipients’ names, condition, and bond amounts, and a third list of confiscated items awaiting final disposition with descriptions and recommendations for final disposition;
- identification of confiscated items awaiting final disposition not recommended due to: submission in evidence to a court/other government agency; recommendation for DENR use for a specified purpose/activity; or recommendation for donation to a charitable institution for humanitarian use;
- identification of items requiring urgent disposition due to perishable nature, inability to provide adequate safekeeping, or impractical continued detention, and similar urgent disposition needs for items confiscated where prolonged detention is not recommended (Section 11(3) and Section 11(4)).
- A List of Items for Urgent Disposition must be submitted to the Undersecretary for Field Operations without delay, and in any case within forty-eight (48) hours from discovery; it must state general case info, description, estimated value, reasons for urgent disposition, and recommended mode to avoid irreparable damage or prejudice.
- After consultation with the Undersecretary for Legal and Legislative Affairs and the Director of the Forest Management Bureau, and with the Secretary’s approval, the Undersecretary for Field Operations issues directives for expeditious disposition consistent with law, justice, and equity (Section 11(5)).
Disposition rules for confiscated items
- Items confiscated in favor of the Government in summary administration proceedings must be disposed of in accordance with law (Section 12(1)).
- Disposition of administratively confiscated items in favor of the Government follows the same rules and procedures applied by the DENR Central Committee on Bids and Awards, with reproduction and strict compliance of those rules and requirements (Section 12(2)).
- Only DENR Regional Committees on Bids and Awards may dispose of administratively confiscated items, provided the value of each or all items scheduled for disposition in each instance does not exceed PHP 500,000.00; where values exceed this amount, disposition is conducted by the Central Committee through its processes (as structured by the Rules’ scheme) (Section 12(3)).
- Regional Committees on Bids and Awards are constituted as follows:
- Chairman: Regional Executive Director; or in his absence, the RTDF;
- Member: Regional Legal Officer;
- Member: representative from the Local Government of the place of the concerned DENR Regional Office;
- other members designated by the Regional Executive Director;
- the Commission on Audit (COA) representative is designated as observer (Section 12(3)).
- All Regional Executive Directors must submit the names of committee members to the Office of the Undersecretary for Field Operations within twenty (20) calendar days from the effectivity of these Rules (Section 12(3)).
- DENR employees and their relatives within the fourth civil degree of consanguinity or affinity must not participate in, or be interested in, any part of proceedings for disposition of confiscated items subject of these Rules consistent with Republic Act No. 6713 (Section 12(4)).
- No person from whom items for disposition were confiscated may be qualified or admitted as a bidder in these proceedings (Section 12(5)).
Expenses, proceeds, and central secretariat
- Expenses for transferring, safekeeping, maintenance, and delivery of apprehended, seized, and confiscated items are added to the value of the items and attach as primary liens over the items in favor of DENR.
- Such expenses are deducted from and reimbursed to DENR as administrative costs from the proceeds of the sale, if any; DENR must allocate a fund so field officers can advance hauling expenses to avoid deterioration or loss of economic value (Section 13(1)).
- If items are forfeited and disposed of by judicial or other official mandate, the cognizant Regional Executive Director must make official representations to recover the primary lien with the court or agency concerned (Section 13(2)).
- The Undersecretary for Field Operations may issue further guidelines to ensure recovery of expenses incurred (Section 13(3)).
- All proceeds from sale or other disposition of items confiscated under these Rules belong to the Government of the Philippines.
- Cash proceeds revert to the General Fund and must be applied in strict conformity with applicable laws and rules (Section 14(1)).
- Upon receipt of payment or any part thereof, the entire amount must be remitted as a Cashier’s Check or Manager’s Check with complete documentation and a concise explanation:
- by the Chairmen of the Regional Committees on Bids and Awards to the DENR Central Office, where a separate account is established (Section 14(2)).
- Quarterly reports on funds remitted to Central Office must be submitted to the Secretary, and quarterly reports must be consolidated into an annual report at the end of the fiscal year (Section 14(3)).
- The Undersecretary for Field Operations designates personnel to form a Secretariat for Administrative Confiscation Cases for collection, storage, processing, monitoring, analysis, and submission of Central Office quarterly and annual reports to the Secretary through the Undersecretary for Field Operations (Section 15(1)).
- All report requirements must be coursed through the Secretariat to ensure efficient administrative processing (Section 15(2)).
- The Undersecretary for Field Operations may require the Secretariat and other DENR personnel to prepare additional reportorial requirements needed for effective implementation (Section 15(3)).
- The Secretariat must collate policies, guidelines, implementing instructions, and directives issued under these Rules, ensure widest dissemination, and publish a Gazette, and also publish decisions in administrative cases that become final and executory (Section 15(4)).
Implementing, penalties, and legal effects
- The Undersecretaries for Field Operations and for Legal and Legislative Affairs may issue additional guidelines, directives, and implementing instructions to ensure orderly and effective implementation of these Rules (Section 16).
- DENR Officers and personnel found guilty of culpable violation of these Rules face penalties that the Secretary imposes in accordance with law, without prejudice to other remedies (Section 17).
- The Order repeals DAO No. 59, Series of 1990, DAO Nos. 54 and 67 (Series of 1993), and DAO No. 19 (Series of 1994), and repeals or modifies inconsistent orders, circulars, and issuances (Section 18).
- These Rules govern administrative cases involving illegal forest products and connected machinery/equipment/tools/conveyances initiated after effectivity, and also govern further proceedings in cases pending at effectivity unless the Secretary (or the Court in appropriate cases) determines that applying these Rules would not be feasible or would occasion injustice (Section 19).
- If any part is declared unconstitutional or defective, the remaining parts remain valid and effective (Section 20).
- The Order takes effect fifteen (15) days after publication once a week for three consecutive weeks in a newspaper of general circulation (Section 21).