Law Summary
Items Subject to Apprehension and Seizure
- Illegal forest products removed, cut, transported without proper or valid permits, or with forged/spurious documents.
- Machinery, equipment, tools, and implements used in connection with illegal forest products.
- Conveyances (any mode of transport) used to transport illegal forest products.
- Original permits and documentation must accompany forest products; absence constitutes a violation.
Authorized Persons for Apprehension and Seizure
- Forest Officers, duly deputized government officials and private citizens, law enforcement personnel, and private citizens as allowed by law can apprehend.
- Seizure officers include DENR Regional Executive Director, Provincial Environment & Natural Resources Officer, Community Environment & Natural Resources Officer, or designated DENR officers.
Summary Procedures for Apprehension and Seizure
- Apprehending officer must establish probable cause on-site with identification presented.
- Ocular inspection of documents; if valid, items are released immediately with official DENR seal.
- If violations are found, an on-site record of violations is prepared with itemized lists and signatures from offenders when possible.
- Fraudulent misrepresentation is presumed when quantities exceed authorized amounts by specified margins.
- Conveyances are checked for registration and driver’s license.
- Detailed on-site report recorded including time, place, parties involved, and circumstances.
Summary Administrative Procedures for Apprehension
- Issue an Apprehension Receipt detailing offense, time, place, and signatures; provisional receipts are issued if documentation activities are incomplete.
- Documentation performed transparently with offender and interested parties present.
Summary Administrative Seizure Procedures
- Apprehended items delivered to a designated Seizure Officer, who issues a Seizure Receipt.
- Verification of a prima facie case through examination of documents and testimonies.
- Seizure Order issued if a case is established.
- Special procedures for government vehicles used in offenses.
Summary Administrative Confiscation Procedures
- Notice of Hearing issued within one to two weeks of seizure order.
- Hearing presided over by DENR Officer, recorded, allowing presentation of evidence and counsel.
- Disputable presumptions include knowledge and participation of offenders and owners.
- Decisions rendered based on substantial evidence within 15 working days, with rights for motions for reconsideration and appeals to DENR Secretary.
- DENR Secretary's decision subject to a final motion for reconsideration and appeal to the Office of the President.
- Final decisions executed with certification and case closure.
Procedures for Abandoned Illegal Forest Products
- Immediate apprehension; photographic evidence preserved.
- Notices posted at apprehension site.
- Notices of hearing posted publicly thrice; failure of owners to appear results in waiver of rights.
Temporary Release of Conveyances
- Requirements include secured registration papers, applicant's non-involvement or prior convictions, sworn statements, and posting of a cash or surety bond.
- Bond amount: 125% of replacement cost.
- Non-compliance or misrepresentation leads to recall and forfeiture of bond.
- Return of conveyance and cancellation of bond upon favorable final decisions.
Arrests and Prosecution for Other Offenses
- Apprehending Officers authorized to arrest and deliver persons to authorities as circumstances warrant.
- Filing of criminal complaints for violations in accordance with law.
- Coordination with DOJ Task Force on Environment and Natural Resources.
- Claims for actual, moral, and exemplary damages in criminal charges.
- Referral of cases to other government agencies for related violations.
Reportorial Requirements
- Quarterly reports to Secretary detailing case statuses, seized/confiscated items, and items recommended or not recommended for disposition.
- Urgent disposition lists for perishable or impractical-to-store items with prompt directives issued.
Disposition of Confiscated Items
- Governed by applicable laws and DENR bidding rules.
- Regional Committees on Bids and Awards authorized for disposal under specified value limits.
- Prohibition on conflict of interest for DENR employees and related persons in bid participation.
- Disallowed participation for those from whom items were confiscated.
Expenses Related to Seizure and Safekeeping
- Transfer, maintenance, and delivery costs added as liens against seized items.
- Funds may be advanced for hauling and preservation.
- Efforts to recover costs in judicial proceedings for forfeited items.
- Guidelines for recovery may be issued by the Undersecretary for Field Operations.
Remittance of Sale Proceeds
- Proceeds from sale revert to the General Fund.
- Cash payments remitted via cashier’s or manager’s check together with documentation.
- Quarterly and annual financial reporting required.
Secretariat for Administrative Cases
- Designated personnel to manage case monitoring, report processing, and publication.
- Centralized processing ensures efficiency.
- Policies and final decisions published in an official Gazette for transparency.
Implementing Guidelines
- Undersecretaries for Field Operations and Legal Affairs authorized to issue further implementing rules and instructions as needed.
Penalties for Violations by DENR Personnel
- Culpable DENR officers/personnel subject to penalties imposed by the Secretary, in addition to other applicable remedies.
Repealing Clause
- This order repeals previous related DAO issuances, superseding inconsistent orders and circulars.
Transitory Provisions
- Rules apply to cases initiated after effectivity and to pending cases unless impractical or unjust as determined by the Secretary or Courts.
Separability Clause
- Invalidity of any part does not affect the remainder of the Rules.
Effectivity
- Rules take effect fifteen days after publication in three consecutive weeks in a newspaper of general circulation.