Establishment of 94 protected areas classified as National Park based on the requirements of the Philippine Constitution and RA 7586; Provides permanency in setting the boundaries of protected areas pursuant to the Philippine Constitution

2.  THE 1997 RULES FOR THE ADMINISTRATIVE
ADJUDICATION OF ILLEGAL FOREST PRODUCTS AND
THE MACHINERY, EQUIPMENT, TOOLS AND
CONVEYANCES USED IN CONNECTION THEREWITH
The issuance of this DENR Administrative Order is
pursuant to Section 9 of PD 705

3.  Sec. 9. Rules and Regulations – The Department Head,
upon the recommendation of the Director of Forest
Development (now the Forest Management Bureau),
shall promulgate the rules and regulations necessary
to implement effectively the provisions of this Code.

4.  Apprehension
 Seizure
 Confiscation
 Disposition of:
 Forest products, which are:
 Illegally possessed
 Illegally cut
 Illegally gathered
 Illegally removed
 Illegally transported

5.  Disposition of (used in connection of the illegal acts):
 Machinery
 Equipment
 Tools
 Implements
 Conveyances

6. Apprehension – The initial measure taken by the DENR when,
having determined the existence of probable cause to do so,
items listed as ILLEGAL FOREST PRODUCTS, are found or
intercepted and the temporary possession and control over
the same is taken/exercised by those authorized to make
apprehensions
Probable Cause – It is that logical inquiry that would lead a
reasonable intelligent and prudent person to believe that an
accused person has committed a crime.

7.  Seizure – Upon determination that an
apprehension is supported by a prima facie case
against the offender/s, seizure is the official act of
taking by person authorized hereof into
government custody, pending formal
administrative proceedings for the disposition
thereof.
Prima Facie Case (“On its face”)– A case in which the
evidence presented is sufficient for a judgment to be
made unless the evidence is contested

8. CONFISCATION
Upon determination of guilt in administrative
proceedings, confiscation is the official act of the
DENR declaring that the ILLEGAL FOREST
PRODUCTS become the property of the Government
of the Republic of the Philippines.

9. Any forest product(s) that are removed, cut, collected, possessed
and/or transported:
1. Without the requisite authorization or permit;
2. With incomplete required supporting documents;
3. With genuine authorizations or permits and/or supporting
documentation that have an expired validity; have been cancelled or t
that contain forged entries;
4. With spurious or fake authorizations, permits, and/or supporting
documentation.
Original documents shall be required at all times to actually accompany any
forest products being moved or transported to any place and for any
purpose.

10.  Forest Officers
 Deputies
 Members of law enforcement agencies
 Private citizen as provided for by law

11.  Regional Executive Director (RED) or in his
absence, any DENR Regional Technical Director
(RTD) actually assigned to the area of
apprehension at the time thereof;
 Provincial Environment and Natural Resources
Officer (PENRO) or in his absence, any Senior
Forest Management Specialist (SFMS) or Senior
Environmental Management Specialist (SEMS)
actually assigned to the area of apprehension;

12.  Community Environment and Natural
Resources Officer (CENRO) or in his absence, a
DENR Officer with the rank of Forester III or
Land Management Officer III (LMO III)
actually assigned to the area of apprehension at
the time thereof;
 Secretary may, from time to time, designate, in
writing, such other DENR Officers for the
purpose

13.  Upon encountering a possible violation of forestry laws, rules
and regulations, the apprehending officer shall establish his
identity to any person(s) witnessing the activity;
 He must conduct an ocular inspection of all the required
authorizations and verify the same. If all requisite
authorizations, permits, and accompanying documentations
are verified to be in order, and the probable cause for an
apprehension is absent, the release of all the items inspected
must be effected immediately;
 An official DENR seal of inspection/verification must be
rubber-stamped on the face of all the transport documents
inspected. In the absence of an official DENR seal, the
apprehending officer shall write the date and state the fact of
inspection. The apprehending officer shall at all times affix his
signature.

14. Should inspection indicate a violation of forestry laws, rules and
regulations, and the probable cause for an apprehension is present,
the apprehending officer shall verbally inform the person
apprehended of his findings and prepare a written report of the
violations including the recording the names and addresses and other
available data of all persons found in possession or are involved
including the tools, machineries if any and issue apprehension
receipts corresponding to the items apprehended;
The apprehending officer shall thereafter prepare a detailed
report of apprehension under oath or an affidavit of apprehension for
the possible institution of a criminal complaint;

15. The apprehending officer shall immediately
deliver the items apprehended to the nearest Seizure
Officer who shall forthwith acknowledge, sign and
issue Seizure Receipt detailing the items, date and
incident of the apprehension for custody;
In case it is impracticable to deliver the
apprehended items to the Seizure Officer, the
apprehending officer shall deposit the same for
temporary safekeeping under him or any public
officers or elected officials or person with proven
integrity in the community where the apprehension
was effected

16.  Immediately upon receipt of the apprehended items, the
Seizure Officer shall verify the existence of a prima facie
case against the offender by examining all the
documents submitted to him as well as the
apprehending officer and witnesses in order to satisfy
himself that an offense has been committed, that the
evidence at hand indicates the offender is probably guilty
thereof, and that the items are proceeds of the violation.
 Should he find a prima facie case against the offender,
the Seizure Officer shall immediately declare this fact by
issuing a Seizure Order;

17.  Immediately upon, or as soon as practicable after the
issuance of a Seizure Order, the Seizure Officer shall set
a hearing notifying the offender and all concern as well
as interested parties;
 The proceedings shall be recorded and summary in
nature.
What is a Summary Proceeding?
- Legal proceedings are regarded as summary when they
are shorter and simpler than the ordinary steps in a suit.
- the formal procedures normally applicable to matters
such as conducting discovery are dispensed with

18.  The Decision shall be rendered by the RED upon the
recommendation of the Hearing Officer.
 Substantial Evidence shall suffice to sustain an
administrative decision adverse to interested parties, failing
which, a ruling shall be issued dismissing the case, and the
controversy deemed closed and ordering that the item seized
returned to the concerned individual or entity;
 Substantial Evidence- relevant evidence as a reasonable mind might
accept as adequate to support a conclusion.
 Decision shall become final and executory upon the lapse of
15 days from receipt thereof unless a Motion for
Reconsideration or an Appeal is filed;

19.  Party aggrieved by the decision may file only one (1)
Motion for Reconsideration within a non-extendible
period of 15 days;
 Party aggrieved has a non-extendible period within
which to appeal any adverse decision or ruling on the
matter with the Office of the Secretary

20.  When a conveyance is apprehended and anytime
thereafter pending final disposition of the administrative
case, and should available evidence establish that the
conveyance may be used for lawful purpose, such as but
not limited to:
- Personal mode of transportation;
- Commercial passenger transport;
- Cargo hauling; or
- Other similar legal use

21. Temporary release thereof to the owner or
claimant or other interested parties may be applied for,
and release thereof to the applicant pendente lite may be
granted upon compliance of the following:
1. Official Registration and supporting documents thereof
are secured and made an integral part of the records of
the case and shall not be released unless ordered in the
final decision of the case or by other competent
authority;
2. The Applicant was not among those who were
apprehended and is not a respondent in the case;
3. The Applicant has not previously been held
administratively or criminally liable for violation of
forestry laws, rules and regulations; and

22. 4. That available evidence does not in any way indicate the
complicity of the Applicant;
5. Submission by the Applicant of a sworn statement
declaring the precise nature of his claim; that he has not
been previously been held administratively and criminally
liable for violation of forestry laws; describing the precise
lawful use(s) to which the conveyance shall/may be
applied during the pendency of the case; stating the
replacement cost of the conveyance and the
unconditional undertaking to return possession of the
conveyance to the DENR as may be required for the final
disposition of the case;
6. Posting of Bond;

23. Important:
Under Section 9, the temporary
release of a conveyance to the owner or
claimant or other interested party may be
applied for, and the release thereof to the
Applicant, pendente lite, may be granted
by the Hearing Officer upon compliance
of the requirements provided under this
DAO.

24. Important:
The Regional Executive Director
(RED) issues the Order of Confiscation
upon the recommendation of the Hearing
Officer. Said Order tantamounts to a
PERMANENT CONFISCATION of the
conveyance in favor of the government.

25. Important:
On the other hand, if the RED, after
due consideration of the evidences
presented, absolves the owner of the
conveyance from liability under P.D. 705,
the release of the conveyance is not
merely temporary, but already
PERMANENT in nature.

26. Important:
Therefore, it is clear under Section 9
that the temporary release of the
conveyance, pending litigation, is well
within the authority of the Hearing Officer.

27. Important:
The RED’s authority comes into
picture when he decides whether to
confiscate the conveyance in favor of
the government or permanently release
the same to the owner, thus absolving
him from any liability.

28.  In addition to the functions outlined, the
Apprehending Officer may, whenever circumstances so
warrant, effect the arrest and detention of any person(s)
apprehended and forthwith deliver such person(s) to
the proper authorities in accordance with the provisions
of PD 705 as amended