Republic of the Philippines

DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES

Regional Office No. 02, Cagayan Valley Region
# 14 Dalan na Pagayaya cor. Angicacua, Regional Government Center
Carig Sur, Tuguegarao City, 3500
TeleFax. No.: (078) 304-8049; Tel: (078) 304-0768
www.r2.denr.gov.ph * E-mail: r2@denr.gov.ph ; denr2cv@gmail.com

RE: ADMINISTRATIVE CONFISCATION PROCEEDINGS ON

ONE (1) UNIT MITSUBISHI FUSO FORWARD TRUCK
WITH PLATE NO. DSX-540 FOR LOADING 92
PIECES OF UNDOCUMENTED COMMON HARDWOOD
LUMBER WITH AN AGGREGATE VOLUME OF 3.24
CUBIC METERS, APPREHENDED ON FEBRUARY 25,
2012 AT BULALA, CALAMANIUGAN, CAGAYAN.

ORDER
Records show that on February 25, 2012, SPOI RUBEN AGLIPAY,
SPOI RICO VICENTE S. CORDON and SPOII TEDDY P. BALANAY, members
of the Cagayan Police Provincial Office, Police Intelligence Section
stationed at Camalaniugan Police Station received a report from a
reliable source that a forward truck loaded with sawn lumber is currently
cruising the National Road coming from Lal-lo, Cagayan believed to be
going to Aparri, Cagayan. Acting on the veracity of the report, the Police
Officers conducted an operation and established a mobile checkpoint at
Barangay Bulala, Camalaniugan, Cagayan. At around 8:30 o’clock in the
morning of the same date, the subject conveyance passed through the
check point and right there and then the police officers ordered the same
to stop for inspection. Investigation disclosed that the subject
conveyance is a Fuso Forward Truck with plate no. DSX-540, registered
under the name of a certain R.G. Alameda Construction of Centro, Aparri,
Cagayan, and was loaded with ninety two (92) pieces of assorted sizes of
sawn lumber with an aggregate volume of 1,358 board feet or equivalent
to 3.24 cubic meters. The driver of the conveyance at time of
apprehension is a certain Joel Guinoban y Pallatao, 52 years old and a
holder of a Professional Driver’s License number B03-89-007145 with
helper Glenn Noriega y Siriba, 30 years old a resident of Tallungan,
Aparri, Cagayan. When the driver and the occupant of the subject
conveyance were required to present the shipping documents of the
lumber, they failed to produce any.

On February 27, 2012, the subject conveyance and its load were
taken to the CENR Office, Aparri, Cagayan for documentation and
safekeeping. The corresponding Seizure Receipt was issued on February
27, 2012 to R.G. Alameda Construction by the OIC, CENR Officer.

After a careful scrutiny of all the records presented, it was

established during the proceeding that, the ninety two (92) pieces of
common hardwood lumber with a total volume of 3.24 cubic meters
loaded on the subject conveyance are deemed illegal from the very

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beginning, since no shipping documents were presented when required
by authorities to do so. The absence of the required documents under the
provisions of DAO 97-32 constitutes a violation of the rules and
regulations, hence, the forest products should be confiscated in favor of
the government.

On the other hand, the registered owner of the conveyance utterly

failed to overcome by preponderance of evidence the presumption
enunciated under DAO 97-32, Section 7, Paragraph 3 (b) thereof, which
provides that:

“In administrative proceedings conducted pursuant

hereto, the following shall be considered
presumption of fact and/or law and taken as part of
the evidence unless specifically controverted and
successfully overcome by a preponderance of
evidence.
(a)xxx;
(b)The registered owner and/or operator/driver of a
conveyance used in the commission of the
offense had full knowledge and willingly
participated therein by providing the conveyance
for the legal purpose to which said conveyance
was applied”. xxx.

Further, under Section 2 of DAO 97-32, it provided that, a forest

product is considered illegal when it is removed, cut, collected, processed
and/or transported (a) without the requisite authorization or permit, and
therefore subject to apprehension and seizure , confiscation and
forfeiture by the DENR.

Moreover, the machinery, equipment, tools and implement used in

the transport of the illegal forest products shall be subject to
apprehension, seizure, confiscation and eventual forfeiture in favor of the
government.

WHEREFORE, premises considered, it is hereby ordered that the

Fuso Forward Truck with plate no. DSX-540 including the ninety
two (92) pieces of undocumented common hardwood with an
aggregate volume 3.24 cubic meter be CONFISCATED, in favor of the
government.

SO ORDERED.

Tuguegarao City
________________

BENJAMIN T. TUMALIUAN,
CESO II
Regional Executive
Director

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Copy furnished:

1. Rommel G. Alameda
Centro 14, Aparri, Cagayan
2. Joel Guinoran
Brgy. Maura, Aparri, Cagayan
3. The CENR Officer
CENRO Aparri
Aparri, Cagayan
4. The PENR Officer
PENRO Cagayan
Tuguegarao city
5. File